Keys v. Torres et al

Filing 177

OPINION AND ORDER DENYING AS MOOT 176 MOTION TO TRANSFER RECORD AND DENYING WITHOUT PREJUDICE MOTION FOR TRANSCRIPT.(Signed by Magistrate Judge B Janice Ellington) Parties notified.(sscotch, 2)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
ROBERT DANIEL KEYS,
Plaintiff,
VS.
CANDACE TORRES, et al,
Defendants.

§
§
§
§
§
§
§
§

January 30, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. 2:12-CV-350

OPINION AND ORDER DENYING AS MOOT MOTION TO TRANSFER
RECORD AND DENYING WITHOUT PREJUDICE MOTION FOR
TRANSCRIPT
Final judgment in favor of Defendants was entered in this case on October 18,
2016 (D.E. 169). Plaintiff timely filed his notice of appeal on November 11, 2016 (D.E.
170). Plaintiff was granted leave to proceed in forma pauperis on appeal December 20,
2016 (D.E. 175). Pending is Plaintiff's motion that the record be forwarded to the Fifth
Circuit at court expense as well as a request that a transcript of all hearings be provided to
the Fifth Circuit.
First of all, the electronic Record on Appeal was already forwarded to the Fifth
Circuit on January 3, 2017. Plaintiff's motion in that regard is denied as moot.
Second, as to any transcripts, it appears that there was only one hearing in this
case, an evidentiary hearing held on January 19, 2013. Payment by the United States for
printing of the record on appeal and transcripts may be ordered if the record or transcript
is required by the appellate court. 28 U.S.C. § 1915(c) (emphasis added); Harvey v.
Andrist, 754 F.2d 569, 571 (5th Cir.), cert. denied, 471 U.S. 1126 (1985). The result of
1/2

the one evidentiary hearing was that service of process was ordered on all named
defendants. All other matters were resolved through pleadings that are part of the official
record already before the Circuit Court. Plaintiff has not listed the issues he intends to
raise on appeal, nor has he made a showing that a copy of the transcript of the evidentiary
hearing is necessary to resolve any issues raised on appeal. Plaintiff's motion for a
transcript is denied without prejudice.
ORDERED this 30th day of January, 2017.
___________________________________
B. JANICE ELLINGTON
UNITED STATES MAGISTRATE JUDGE

2/2