Aaron v. Dyer et al
AMENDED ORDER GRANTING PLAINTIFF'S MOTION FOR TRANSMISSION OF RECORD. Signed by District Judge Victoria A. Roberts. (CPin)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 15-11014
Honorable Victoria A. Roberts
JACKIE DYER, et al.,
AMENDED ORDER GRANTING PLAINTIFF’S MOTION
FOR TRANSMISSION OF RECORD [Doc. 115]
On January 12, 2017, a jury returned a verdict in favor of Defendants, finding no
cause of action. The Court entered Judgment to that effect on January 17. All post-trial
motions have been resolved, and Plaintiff recently filed a notice of appeal.
This matter is before the Court on Plaintiff’s motion for transmission of the trial
record/transcript. [Doc. 115]. Specifically, Plaintiff seeks a copy of the transcript for jury
selection proceedings/voir dire and for the final pretrial conference held on the record on
December 15, 2016.
The issues Plaintiff raises on appeal are not frivolous, and his appeal is taken in
good faith. See Foster v. Ludwick, 208 F. Supp. 2d 750, 765 (E.D. Mich. 2002) (“good
faith” requires showing that the issues are arguable on the merits and not frivolous; it
does not require a showing of probable success on the merits).
The jury selection proceedings are at the heart of Plaintiff’s appeal, and the
transcript of those proceedings is necessary for resolution of Plaintiff’s appeal. Plaintiff,
however, cannot afford to order the jury selection transcript.
Because the transcript of jury selection proceedings and the pretrial conference
is necessary to decide the issues on appeal, and Plaintiff’s appeal is taken in good faith
and is not frivolous, the Court GRANTS Plaintiff’s motion for transmission of the record
[Doc. 115] and ORDERS that the transcript be furnished at the government’s expense.
IT IS ORDERED.
S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: October 24, 2017
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?