Hale v. Emporia State University et al

Filing 51

ORDER re 44 Transcript. Plaintiff's request for free access to the 44 Transcript of the Court's 8/28/2017 telephone scheduling conference is granted. Pursuant to 28 U.S.C. § 1915(c), the Clerk's office is directed to provide Plaintiff with a copy of the Transcript without charge. Signed by Magistrate Judge Teresa J. James on 10/10/2017. (byk)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ANGELICA HALE,

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Plaintiff,
v.
EMPORIA STATE UNIVERSITY (ESU),
GWEN ALEXANDER, PH.D.,
DAVID CORDLE, PH.D.,
JACKIE VIETTI, PH.D.,
Defendants.

Case No. 16-cv-4182-DDC-TJJ

ORDER
Plaintiff informally requests free access to the transcript of the Court’s August 28, 2017
telephone scheduling conference (ECF No. 44) based upon her in forma pauperis status in this
case. Defendants do not oppose the request provided that Plaintiff sends them a copy of the
transcript.
Under 28 U.S.C. ' 1915(c), if a party is proceeding in forma pauperis, the Court may direct
payment by the United States of the expenses for “preparing a transcript of proceedings before a
United States magistrate judge in any civil or criminal case, if such transcript is required by the
district court, in the case of proceedings conducted under section 636(b) of this title or under
section 3401(b) of title 18, United States Code.”
The Court finds that the expense for preparing the transcript of the Court’s August 28, 2017
telephone scheduling conference should be paid by the United States pursuant to 28 U.S.C. '
1915(c). Plaintiff has been authorized to proceed in forma pauperis in this case pursuant to 28

sted
pt
scheduling conference, w
which is a
U.S.C. ' 1915(a)(1).1 The reques transcrip is of the s
ng
cted
636(b) by the undersigne Magistrat
e
ed
te
proceedin in a civil case conduc under 28 U.S.C. § 6
Judge, an the transc
nd
cript is requir by the Court.2 It thu appears Se
red
C
us
ection 1915( authorize
(c)
es
Plaintiff to obtain, without charge, a copy of the Court’s August 28, 2017 telepho scheduli
one
ing
conference transcript
t.
T
REFORE OR
RDERED th Plaintiff’ s request for free access to the Trans
hat
r
s
script
IT IS THER
(ECF No 44) of th Court’s August 28, 2017 teleph
o.
he
A
hone schedu
uling confer
rence is gra
anted.
Pursuant to 28 U.S.C § 1915(c), the Clerk’s office is dir
C.
,
s
rected to pro
ovide Plainti with a co of
iff
opy
the Trans
script (ECF No. 44) with
N
hout charge.
IT IS FURTH
T
HER ORDE
ERED that Plaintiff shal email or m a copy o the transcr to
P
ll
mail
of
ript
defense counsel with two (2) days of her receipt of the transcript.
c
hin
d
r
e
IT IS SO OR
T
RDERED.
Dated in Kan City, Ka
D
nsas
ansas on this 10th day of October, 20
f
017.

Ter
resa J. James
s
U. S Magistrat Judge
S.
te

1

See Dec. 22, 2016 Order Granting Moti to Proceed Without Pre
G
ion
d
epayment of F
Fees or Costs (ECF

2

The Court ha previously ordered a cop of the tran
as
py
nscript. See Oc 6, 2017 Or
ct.
rder (ECF No 45).
o.

No. 8).

2