Lewis v. Cain et al

Filing 69

RULING: Pltfs 68 Motion for Copy of Trial Transcript without prepayment of costs and a copy of the Federal Rules of Appellate Procedure is denied. Signed by Magistrate Judge Stephen C. Riedlinger on 9/3/2009. (JDL, )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA SUGAR RAY LEWIS (#110697) VERSUS BURL CAIN, ET AL CIVIL ACTION NUMBER 07-279-JJB-SCR

RULING ON MOTION FOR COPY OF TRIAL TRANSCRIPT This matter is before the court on the plaintiff's second motion for a copy of a trial transcript. 68. Plaintiff filed a motion seeking a transcript of the trial proceedings held on June 16-17, 2009, at no cost. Although the plaintiff was granted in forma pauperis status in the district court pursuant to 28 U.S.C. § 1915, he is not entitled to a trial transcript without cost. Section 1915 does not contain any provision which permits the United States to pay for the expenses of preparing a trial Record document number

transcript upon the request of a party proceeding in forma pauperis either in the district court or on appeal. On July 17, 2009, the plaintiff submitted a transcript order form. On August 17, 2009, the Clerk of Court advised the plaintiff that the estimated cost of the transcript is $1,131.50. Once the

plaintiff arranges for the payment of its cost, the transcript will be prepared. Plaintiff also sought a copy of the Federal Rules of Appellate

USCA

Procedure.

Plaintiff may visit the prison law library or consult

with an inmate counsel substitute for assistance related to his appeal. Plaintiff is not entitled to a copy of the Federal Rules

of Appellate Procedure provided by the court. Accordingly, the plaintiff's motion for a copy of the trial transcript without prepayment of costs and a copy of the Federal Rules of Appellate Procedure is denied. Baton Rouge, Louisiana, September 3, 2009.

STEPHEN C. RIEDLINGER UNITED STATES MAGISTRATE JUDGE