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Baldwin v. Fannon

United States District Court, Ninth Circuit, California, E.D. California
May 19, 2015
2:09-cv-00711-KJM-AC (E.D. Cal. May. 19, 2015)

Opinion


GREGORY V. BALDWIN, Plaintiff, v. J. FANNON, et al., Defendants. No. 2:09-cv-00711-KJM-AC United States District Court, E.D. California. May 19, 2015

          ORDER

          KIMBERLY J. MUELLER, District Judge.

         A jury trial was conducted in this case on October 6 through 9, 2014. See Minutes, ECF Nos. 155, 156, 158, 161. On October 9, 2014, the jury returned a unanimous verdict in favor of the defendants, Verdict, ECF No. 163, and a judgment was entered on October 15, 2014, ECF No. 166. On October 27, 2014, plaintiff Gregory Baldwin filed a notice of appeal. ECF No. 167. Mr. Baldwin appeals "the Judgment of the Jury denying [him] punitive damages and dismissing the action with prejudice." Id. at 1. On December 1, 2014, Mr. Baldwin also filed a request for transcripts at government expense. ECF No. 170. Although Mr. Baldwin was represented at trial, his notice of appeal and request for transcripts at government expense were filed without representation.

         A litigant proceeding in forma pauperis may move for the production of transcripts at government expense "if the trial judge or a circuit judge certifies that the appeal is not frivolous (but presents a substantial question)." 28 U.S.C. § 753(f). See also 28 U.S.C. § 1915(c) (defining circumstances in which the court can direct the government to pay for transcript requests). Such a request is granted only if "the appeal presents a substantial issue." Henderson v. United States, 734 F.2d 483, 484 (9th Cir. 1984).

         Here, the court can find no substantial issue or question in the appeal. Mr. Baldwin's notice of appeal and request for transcripts also provide no justification or argument. The request is DENIED. Any further relief must be sought from the United States Court of Appeals for the Ninth Circuit.

         IT IS SO ORDERED.


Summaries of

Baldwin v. Fannon

United States District Court, Ninth Circuit, California, E.D. California
May 19, 2015
2:09-cv-00711-KJM-AC (E.D. Cal. May. 19, 2015)
Case details for

Baldwin v. Fannon

Case Details

Full title:GREGORY V. BALDWIN, Plaintiff, v. J. FANNON, et al., Defendants.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: May 19, 2015

Citations

2:09-cv-00711-KJM-AC (E.D. Cal. May. 19, 2015)