White v. Smereka et al

Filing 76

ORDER denying 74 Motion for Transcript at Government Expense. Signed by District Judge Frank D. Whitney on 11/29/10. (Pro se litigant served by US Mail.)(gpb)

-DCK White v. Smereka et al

Doc. 76

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL NO. 3:09-cv-00257 VICTOR B. WHITE, Plaintiff, vs. ANTHONY SMEREKA, ANTOINE TAYLOR, JOSEPH MOSS, KAREN MCRAE, STEPHANIE SMITH, JOSEPH PAULK, ANGELA CHILDS, PAM TIMMER, and CITY OF CHARLOTTE, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) )

ORDER

THIS MATTER is before the Court following pro se Plaintiff's "Motion for `Transcript of Files At Government Expenst [sic]'" filed on October 12, 2010. (Doc. No. 74). Plaintiff generally requested that "a copy of ­ [sic] Transcript be both prepared and sent to the Fourth Circuit Court of Appeals." Plaintiff's request is untimely because it was filed more than fourteen (14) days after filing the notice of appeal. See Fed. R. App. P. 10(b)(1); 4th Cir. R. 10(c)(1). The Court notes, however, that a transcript of the undersigned's oral order during an October 7, 2009 hearing has already been transmitted to the Fourth Circuit on September 14, 2010, per the District Court Clerk's office. To the extent Plaintiff is requesting a transcript of the Court's oral order be transmitted to the Fourth Circuit, Plaintiff's motion is rendered moot. To the extent Plaintiff is requesting a full transcript of the hearing or some portion of the transcript not already transmitted, Plaintiff's motion is DENIED as untimely unless the Fourth Circuit directs otherwise. The Clerk is directed to send copies of this Order to pro se Plaintiff at his address of record, which is, Victor B. White, 773 Sullivant Avenue, Unit D, Columbus, OH 43222-1678. IT IS SO ORDERED. Signed: November 29, 2010

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