Snowden v. Henning et al
Filing
79
MEMORANDUM AND ORDER, denying 71 MOTION to Copy filed by Donald V. Snowden. Signed by Judge J. Phil Gilbert on 1/24/2025. (jdh)
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DONALD V. SNOWDEN
Plaintiff,
v.
Case No. 19-cv-1322-JPG
JEREMY HENNING,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Donald V. Snowden’s motion for a free
copy of the transcript of his deposition on October 2, 2024 (Doc. 71). He says he is indigent and
needs this transcript to prepare for pretrial motions, respond to dispositive motions, and prepare
for trial.
Defendant Jeremy Henning has responded to the motion (Doc. 74). Henning assures the
Court that if he cites Snowden’s deposition testimony in any motion, he will attach to the motion
the section of the transcript in which that testimony occurs (as he has done with his response).
He further challenges the Court’s authority to compel a private reporter to provide a transcript
free of charge to Snowden as well as Snowden’s inability to pay for the transcript himself.
Snowden has not pointed to—and the Court has not independently located—any
authority for a Court to order a private reporter to provide a deposition transcript to a litigant free
of charge or for the Government to pay a private reporter for a deposition transcript for an
indigent party. The Court may direct a Court-employed reporter to prepare a transcript of court
proceedings for an indigent litigant at the expense of the United States, 28 U.S.C. § 753(f), but
that statute does not provide for payment to private reporters like the one that reported
Snowden’s deposition.
Nor does Snowden’s in forma pauperis status give him a right to a privately prepared
deposition transcript at public expense. As a number of courts have noted, “28 U.S.C. § 1915
does not authorize the expenditure of public funds for deposition costs; indeed, that statute does
not relieve a pro se prisoner proceeding in forma pauperis from paying any of his discovery
costs.” Nail v. Gutierrez, No. 1:06-CV-292, 2007 WL 4255535, at *1 (N.D. Ind. Nov. 30, 2007)
(collecting cases). Indeed, prisoners have no constitutional right to subsidies from the United
States to prosecute litigation. “[L]ike any other civil litigant, [a prisoner] must decide which of
his legal actions is important enough to fund.” Lindell v. McCallum, 352 F.3d 1107, 1111 (7th
Cir. 2003).
The Federal Rules of Civil Procedure offer no authority for the “free” transcript Snowden
seeks. Rule 30(f)(3) requires a private reporter transcribing a deposition in a federal case to
furnish a copy of the transcript to a party or the deponent “[w]hen paid reasonable charges.” It
does not require the reporter to provide it free of charge.
Because Snowden has not cited any authority for the Court to order the private reporter to
provide him a copy of his deposition transcript free of charge or at public expense, the Court
DENIES the motion (Doc. 71). The Court ORDERS that, with any future request for the United
States to pay a cost for him or provide him something free of charge, Snowden must show that
he is financially unable to pay the specific expense by making a showing similar to that required
in 28 U.S.C. § 1915(a)(2), which includes a certified copy of the prisoner’s trust account for the
previous six-month period prior to his request.
IT IS SO ORDERED.
DATED: January 24, 2025
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE
2
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