Van Orden et al v. Healthlink, Inc. et al

Filing 818

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs shall be permitted to proceed in forma pauperis on appeal. IT IS FURTHER ORDERED that Plaintiffs' Motion for Preparation of Transcripts at No Cost is GRANTED. ECF No. 816. Transcripts for the proceedings on April 15, 2015; April 21, 2015; April 22, 2015; April 23, 2015; April 24, 2015; April 27, 2015; April 28, 2015; April 29, 2015; April 30, 2015; May 25, 2016; and October 20, 2016, shall be prepared for the appeal at the cost of the United States. Signed by District Judge Audrey G. Fleissig on October 4, 2017. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOHN VAN ORDEN, et al.,
Plaintiffs,
v.
MARK STRINGER, et al.,
Defendants.

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Case No. 4:09CV00971 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs’ Motion for Preparation of Transcripts at
No Cost (ECF No. 816). Plaintiffs request that transcripts of the proceedings on April 15,
2015; April 21, 2015; April 22, 2015; April 23, 2015; April 24, 2015; April 27, 2015; April
28, 2015; April 29, 2015; April 30, 2015; May 25, 2016; and October 20, 2016, be prepared
for the appeal in this case, at the cost of the United States.1 The statute relied upon by
Plaintiffs, 28 U.S.C. § 753(f), provides, in pertinent part, that “[f]ees for transcripts
furnished in other proceedings to persons permitted to appeal in forma pauperis shall also be
paid by the United States if the trial judge or a circuit judge certifies that the appeal is not
frivolous (but presents a substantial question).” Thus, “[a] plaintiff in a civil proceeding
may obtain a transcript at government expense under 28 U.S.C. § 753(f) if: (1) he is
permitted to proceed in forma pauperis; (2) moves for a transcript; and (3) demonstrates that

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The motion also requests a transcript of the proceedings on June 23, 2017, but the
Court notes that such a transcript has already been prepared. See ECF No. 793.

the appeal ‘is not frivolous (but presents a substantial question).’” Garner v. Johnson, 12 F.
App’x 862, 864 (10th Cir. 2001).
As Plaintiffs were granted permission to proceed in forma pauperis at the beginning
of this litigation, the Court will permit Plaintiffs to proceed in forma pauperis on appeal.
The Court also finds that Plaintiffs have met the remaining requirements under § 753(f).
Specifically, the Court certifies that this appeal is not frivolous but presents a substantial
question.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs shall be permitted to proceed in forma
pauperis on appeal.
IT IS FURTHER ORDERED that Plaintiffs’ Motion for Preparation of Transcripts
at No Cost is GRANTED. ECF No. 816. Transcripts for the proceedings on April 15,
2015; April 21, 2015; April 22, 2015; April 23, 2015; April 24, 2015; April 27, 2015; April
28, 2015; April 29, 2015; April 30, 2015; May 25, 2016; and October 20, 2016, shall be
prepared for the appeal at the cost of the United States.

_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 4th day of October, 2017.

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