Hemingway v. Speights et al

Filing 70

ORDER denying 69 Motion for transcripts at government expense, Signed by Honorable G Ross Anderson, Jr on March 25, 2009.(kbos)

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION

Timotheus Elijah Hemingway,

) ) Plaintiff, ) ) v. ) ) Jacob Speights, Wanda Ried, M. James, ) Michael Brown, Joyce W. Brunsen, Joey ) Norris, Kenny Boone, and M. Nagy, ) Defendants. ) ______________________________________ )

C/A No.: 3:08-cv-00849-GRA

ORDER (Written Opinion)

This matter comes before the Court on the plaintiff's motion for transcripts at the government's expense filed on March 16, 2009. For the reason stated herein, the motion is DENIED. Plaintiff brings this claim pro se. This Court is required to construe pro se pleadings liberally. Such pleadings are held to a less stringent standard than those drafted by attorneys. Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir. 1978). This Court is charged with liberally construing a pleading filed by a pro se litigant to allow for the development of a potentially meritorious claim. Boag v. MacDougall, 454 U.S. 364, 365 (1982). The plaintiff is seeking transcripts and no transcripts exist. There have been no hearings in the plaintiff's case for which transcripts would have been prepared. The

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plaintiff has been provided all pleadings in the case throughout the course of the case. The Court has no other documents to provide to the plaintiff. IT IS THEREFORE ORDERED that the motion is DENIED. IT IS SO ORDERED.

March 25 , 2009 Anderson, South Carolina

NOTICE OF RIGHT TO APPEAL Plaintiff has the right to appeal this Order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure. Failure to meet this deadline, as modified by Rule 4 of the Federal Rules of Appellate Procedure, will waive the right to appeal.

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