Edwards v. THURMER et al

Filing 145

Order granting 144 Request for trial transcripts at government expense by Plaintiff Terrance Edwards. Signed by Chief Judge Barbara B. Crabb on 2/24/2010. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------TERRANCE EDWARDS, P la i n t i f f , v. JER EM Y STANIEC, JOE BEAHM, T RA V IS CAUL, JOHNATHAN HAWKINS, and ERIC KRUEGER. D efendan ts. --------------------------------------------On September 17, 2009, I denied plaintiff's request for preparation of trial transcripts at government expense because I had concluded in an earlier order that plaintiff did not qu alify for leave to proceed in forma pauperis on appeal given his three strike status under 28 U.S.C. § 1915(g). However, because the Court of Appeals for the Seventh Circuit has subsequently ruled that this court erred in denying plaintiff leave to proceed in forma pau peris on appeal, I will grant plaintiff's renewed request for preparation of trial transcripts at government expense pursuant to 28 U.S.C. § 753(f). Accordingly, IT IS ORDERED that a transcript of the proceedings in the trial of this case be prepared and furnished to plaintiff, with the fees therefor to be paid by the United OR DER 0 8 - cv -3 5 2 - b b c

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S tates, pursuant to 28 U.S.C. §753(f).1 E n tered this 24t h day of February, 2010. B Y THE COURT:

/s/ __________________________________ B AR B AR A B. CRABB D istrict Judge

Opening and closing statements, and the jury selection process are not ordinarily included as a part of the trial transcript unless the appellant makes a showing that these aspects of the trial are subject to legally meritorious attack on appeal. Plaintiff has made no such showing in this case. Nor will the trial transcript include jury instructions, since a printed copy of the instructions already exist in the court's record. 2

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