Yankton v. Epps et al

Filing 49

ORDER denying 45 Motion for a transcript of the Spears Hearing. Signed by District Judge Debra M. Brown on 10/8/14. (cr)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION LAVAN YANKTON, SR. PLAINTIFF V. NO. 4:14-CV-00034-DMB-SAA CHRISTOPHER EPPS, ET AL. DEFENDANTS ORDER DENYING PLAINTIFF’S MOTION FOR A TRANSCRIPT OF THE SPEARS HEARING This matter comes before the Court on the motion by the pro se prisoner plaintiff for a transcript (at government expense) of his hearing held under Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985). Under 28 U.S.C. § 1915(c), which governs in forma pauperis proceeding such as this one, Athe court may direct payment by the United States of the expenses of . . . preparing a transcript of proceedings before a United States magistrate judge . . . if such transcript is required by the district court.@ In this case, the District Court has not required the Spears hearing recording to be transcribed. In addition, Plaintiff himself attended the Spears hearing and thus knows what transpired there. For these reasons, Plaintiff=s request for a transcript of the Spears hearing at government expense is DENIED. SO ORDERED, this the 8th day of October, 2014. /s/ Debra M. Brown_______ UNITED STATES DISTRICT JUDGE

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