Winding v. East Mississippi Correctional Facility, et al

Filing 217

ORDER denying 196 Motion for New Trial; denying 197 Motion to Stay; denying 198 Motion to Clarify; denying 201 Motion for Reconsideration ; denying 203 Motion for Sanctions; denying 204 Motion to Stay; granting 209 Motion to Amend/Correct; denying 214 Motion for Reconsideration ; denying 215 Motion Signed by Magistrate Judge F. Keith Ball on 3/19/10 (dfk)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION JAMES C. WINDING VS. GEO ENTERPRISES ORDER This cause is before the court on numerous post-judgment motions filed by Plaintiff. Having considered the motions, the court rules as follows. Plaintiff's motion for a new trial [196], motion to stay and motion for sanctions [197], motion to clarify and to reconsider judgment [198], motion to clarify and for reconsideration [201], motion for sanctions [203], motion to stay [204], and motion to reconsider [214] are hereby denied. Plaintiff's motion for leave to file an amended notice of appeal [209] is granted. Plaintiff has also filed a motion seeking a transcript and record at government expense [215]. A litigant proceeding in forma pauperis on appeal is entitled to a transcript at government expense only if the trial judge or a circuit judge certifies that the appeal is not frivolous (but presents a substantial question). 28 U.S.C. § 753(f). In order to succeed on a motion for production of transcripts at government expense, a party must also show why the transcripts are necessary for proper disposition of his appeal. Norton v. Dimazana, 122 F.3d 286, 293 (5th Cir. 1997). If the litigant fails to demonstrate a particular need for a transcript or raise a substantial question, the court may properly deny the request. Harvey v. Andrist, 754 F.2d 569, 571 (5th Cir. 1985). In his motion, Plaintiff states only that he needs a transcript to establish error on appeal and that he unable to pay the costs for a transcript. He failed to show PLAINTIFF CIVIL ACTION NO. 4:07cv69-FKB DEFENDANT

specifically why the transcript is necessary to his appeal or otherwise satisfy the requirements for such a request. For this reason, the motion is hereby denied. SO ORDERED this the 19th day of March, 2010. /s/ F. Keith Ball ________________________________ UNITED STATES MAGISTRATE JUDGE