Blankenship, Demetrius v. American Phoenix

Filing 68

ORDER that plaintiff Demetrius Blankenship's motion for transcripts at government expense, Dkt. 67 , is DENIED. Signed by District Judge James D. Peterson on 8/13/2019. (rks),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

DEMETRIUS BLANKENSHIP,
Plaintiff,
v.

ORDER
17-cv-847-jdp

AMERICAN PHOENIX,
Defendant.

Pro se plaintiff Demetrius Blankenship has filed a transcript request, but he has not
submitted payment to the court reporter. Instead, on the portion of the form asking for the
type of payment being submitted, Blankenship has written “fee waiver,” so I construe his
request as including a motion under 28 U.S.C. § 753(f) to prepare transcripts at government
expense.
There were no hearings or trial in this case. The only transcripts that the court reporter
could prepare would be for the telephonic preliminary pretrial conference before Magistrate
Judge Stephen Crocker. But Blankenship’s notice of appeal states that he is challenging the
court’s summary judgment decision, not the preliminary pretrial conference order. Because the
transcripts are not relevant to his appeal, I will deny his motion for transcripts at government
expense. See Bedford v. Neighborhood Connections, No. 04-C-978-C, 2005 WL 1378917, at *1
(W.D. Wis. June 8, 2005) (“This statute authorizes judges to request the government to pay
for transcripts that are necessary to permit the court of appeals to assess adequately an indigent
party’s arguments on appeal.” (emphasis added)). See also McCarthy v. Bronson, 906 F.2d 835,
841 (2d Cir. 1990) (because “resolution [of the appeal] does not require examination of the
evidence presented at the hearing before the Magistrate, . . . it was not error to deny [the

plaintiff] a free copy of the transcript of that hearing”). If Blankenship wants the court reporter
to prepare transcripts for the preliminary pretrial conference order, he may renew his request,
but he will have to submit advance payment to the reporter. See 28 U.S.C. § 753(f) (“The
reporter may require any party requesting a transcript to prepay the estimated fee in advance
except as to transcripts that are to be paid for by the United States.”).

ORDER
IT IS ORDERED that plaintiff Demetrius Blankenship’s motion for transcripts at
government expense, Dkt. 67, is DENIED.
Entered August 13, 2019.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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