Jackson v. Stevens et al

Filing 134

ORDER denying 133 Motion for Court to Pay for Transcript. Ordered by Judge Hugh Lawson on 8/26/2010. (nbp)

Jackson v. Stevens

Doc. 134

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF GEORGIA M A C O N DIVISION T O N Y JACKSON, P la i n t i f f , v. B R E N D A STEVENS, D e fe n d a n t. ______________________________ : : : : : : : : :

C iv il Action No. 5:07-CV-136 (HL)

ORDER T h is case is before the Court on Plaintiff's Motion for Court to Pay for T ra n s c rip t (Doc. 133). Plaintiff has appealed a jury verdict in favor of Defendant to th e Eleventh Circuit Court of Appeals, and now requests a copy of the transcript from th e trial free of charge. 2 8 U.S.C. § 753(f) governs payment of fees to court reporters and provides a s follows: F e e s for transcripts furnished in other proceedings to p e rs o n s permitted to appeal in forma pauperis shall also b e paid by the United States if the trial judge or a circuit ju d g e certifies that the appeal is not frivolous (but presents a substantial question). 2 8 U.S.C.A. § 753(f) (West 1983). In order for Defendant to have the fees for his transcript paid for by the United S ta te s , the trial judge or a circuit judge must certify that the appeal is not frivolous, b u t instead presents a substantial question. The Court cannot certify that the appeal

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is not frivolous. While Plaintiff likely disagrees with the jury's decision, the Court is n o t aware of, and Plaintiff has not directed the Court to, any non-frivolous legal is s u e s to raise on appeal. P la in tiff has failed to satisfy the criteria for having the United States pay the fe e for the transcript. Accordingly, Plaintiff's Motion for Court to Pay for Transcript (D o c . 133) is denied.

S O ORDERED, this the 26 th day of August, 2010. s / Hugh Lawson HUGH LAWSON, SENIOR JUDGE m bh

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