Anderson v. Groveland Police Department et al

Filing 141

ORDER denying as moot 139 Plaintiff's Motion to appoint counsel and granting 140 Plaintiff's Motion for transcripts. Signed by Magistrate Judge Philip R. Lammens on 12/12/2016. (CAB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
GEOFFREY H. ANDERSON,
Plaintiff,
v.

Case No: 5:15-cv-26-Oc-30PRL

JOHN MOORE, CHARLES W.
RUSSELL, JOHN FLYNN, ANDY
AULD, SCOTT PENVOSE and CITY OF
GROVELAND
Defendants.

ORDER
Before the Court are two motions. (Docs. 139 & 140). The first is pro se Plaintiff’s
motion to appoint counsel for his appeal. (Doc. 139). This case was closed earlier this year
(Docs. 123, 130), and Plaintiff then filed his notice of appeal. (Doc. 126). As the case here is on
appeal, this motion is moot and denied accordingly. See Douglas v. United States, No. 5:12-cv379, Doc. 67, p. 2 (M.D. Fla. May, 30 2014) (denying as moot a post-judgment motion to appoint
counsel on appeal); Shabazz v. Barrow, No. CIVA 7:05-CV-46(HL), 2008 WL 2323776, at *2
(M.D. Ga. June 2, 2008) (leaving “to the discretion of the Eleventh Circuit the issue of whether
[the plaintiff] should have the benefit of appointed counsel on appeal”). Plaintiff could file his
request for the appointment of counsel with the Court of Appeals for consideration.
Also before the Court is Plaintiff’s motion for transcripts. (Doc. 140). Specifically,
Plaintiff requests that the Court pay for the transcription of the audio file of his May 16, 2016
hearing, see (Docs. 93, 94). Under 28 U.S.C. § 753(f), “[f]ees for transcripts furnished in
[proceedings other than criminal and habeas corpus cases] to persons permitted to appeal in forma

pauperis shall also be paid by the United States if the trial judge or a circuit judge certifies that the
appeal is not frivolous (but presents a substantial question).” Here, Plaintiff is entitled to proceed
on appeal in forma pauperis (Doc. 138) and is thus also entitled to have the transcript fees paid by
the United States under § 753(f).
Thus Plaintiff’s motion for transcripts (Doc. 140) is granted. The clerk is DIRECTED
to order the transcription of the May 16, 2016 hearing AND DELIVER of copy of those transcripts
to Plaintiff.
ORDERED in Ocala, Florida on December 12, 2016.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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