Welch v. City of Rochester et al
Filing
37
DECISION AND ORDER: For the reasons stated, Welch's motion for a free copy of the trial transcript, ECF No. 36 , is DENIED. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/11/18. (JO)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
TRAVIS WELCH,
Plaintiff,
Case # 16-CV-6520-FPG
v.
DECISION AND ORDER
CITY OF ROCHESTER, et al.,
Defendants.
On February 16, 2018, the Clerk of Court entered judgment for Defendants following a
three-day trial and subsequent verdict in Defendants’ favor. ECF Nos. 32, 34. Plaintiff Travis
Welch then timely appealed the judgment on March 7, 2018. ECF No. 35.
Nearly seven months later, on October 5, 2018, Welch moved for a free copy of the trial
transcript. ECF No. 36. For the following reasons, Welch’s motion is denied.
DISCUSSION
28 U.S.C. § 753(f) provides that “fees for transcripts furnished . . . to persons permitted to
appeal in forma pauperis shall . . . 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).”
A plaintiff must thus satisfy two requirements to secure a free transcript: he must (1) be
permitted to appeal in forma pauperis and (2) show that his appeal presents a substantial question.
28 U.S.C. § 753(f). To satisfy the first requirement, a plaintiff must move the Court to proceed in
forma pauperis and provide an affidavit showing his inability to pay “fees or give security
therefor.” 28 U.S.C. § 1915; see also Monti v. McKeon, 600 F. Supp. 112, 113 (D. Conn. 1984).
For the second, he must show that, when judged on an objective basis, his appeal (1) raises a
question that is “reasonably debatable” and (2) that the transcript is necessary to the presentation
of the appeal. Barnes v. Alves, 102 F. Supp. 3d 252, 256 (W.D.N.Y. 2015) (Wolford, J.).
Here, Welch’s motion fails because he has not satisfied either requirement. Welch has not
demonstrated that he is permitted to appeal in forma pauperis; he paid the filing fee to initiate his
lawsuit, ECF No. 1, and has neither moved to proceed in forma pauperis nor submitted an affidavit
demonstrating he is unable to pay the required fee. Moreover, his motion does not explain what
questions he plans to raise on appeal. Instead, he requests only that the Court waive all fees
required to obtain the transcript. ECF No. 36. Consequently, his motion is denied.
CONCLUSION
For the foregoing reasons, Welch’s motion for a free copy of the trial transcript, ECF No.
36, is DENIED.
IT IS SO ORDERED.
Dated: October 11, 2018
Rochester, New York
______________________________________
HON. FRANK P. GERACI, JR.
Chief Judge
United States District Court
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