Harth v. Mississippi Department of Correction, et al

Filing 22

ORDER DENYING Plaintiff's Motion 17 for a Transcript of the Spears Hearing. Signed by Magistrate Judge Roy Percy on 3/23/2021. (cb)

Case: 4:20-cv-00047-RP Doc #: 22 Filed: 03/23/21 1 of 1 PageID #: 61

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
KENNETH DWAYNE HARTH, SR.

PLAINTIFF

v.

No. 4:20CV47-RP

MISSISSIPPI DEPARTMENT OF CORRECTIONS

DEFENDANTS

ORDER DENYING PLAINTIFF’S MOTION [17] 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, “the 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 does not require the Spears hearing recording to be transcribed,
nor is there any upcoming proceeding in this court in which the plaintiff may make use of the hearing
transcript. Therefore, the plaintiff’s request [17] for a transcript of the Spears hearing at government
expense is DENIED.
SO ORDERED, this, the 23rd day of March, 2021.
/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE