Aytch v. Sablica et al

Filing 141

ORDER Denying 139 Plaintiff's Motion for Transcripts at State Expense. Signed by Magistrate Judge Cam Ferenbach on 01/15/2014. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MARTINEZ AYTCH,

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Plaintiff,

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vs.

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2:08-cv-01773-RLH-VCF

CYNTHIA SABLICA, et al.,

ORDER

Defendants.

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Before the court is plaintiff’s Motion for Transcripts at State Expense (#139). Defendants filed a
Response (#140).

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Plaintiff’s motion cites no authority to support his request. In response, defendants correctly cite

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28 U.S.C. § 753(f) as the law governing the circumstances in which the court may authorize the

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payments of fees, by the United States, for furnishing transcripts to party appealing in forma pauperis.

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In pertinent part, 28 U.S.C. § 753(f) provides:

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Fees for transcripts furnished in other proceedings to persons permitted to appeal

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in forma pauperis shall also be paid by the United States if the trial judge or a

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circuit judge certifies that the appeal is not frivolous (but presents a substantial

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question).

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Plaintiff’s Notice of Appeal (#133) provides no insight regarding the basis of his appeal. It

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merely states that he appeals “from the Jury Verdict.” In his Motion for Transcripts (#139), Plaintiff

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does not provide any information on which the court can rely in making a determination that his appeal

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“is not frivolous (but presents a substantial question).”

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The grounds on which he seeks to overturn the Jury Verdict do not appear in the record.
Therefore, the court cannot certify that plaintiff’s appeal is not frivolous.

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Accordingly,

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IT IS HEREBY ORDERED that plaintiff’s Motion for Transcripts at State Expense (#139) is

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DENIED.
Dated this 15th day of January, 2014.
_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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