Opinion
No. 1:11-cv-01179-DAD-SAB (PC)
05-18-2017
DANIEL MASTERSON, Plaintiff, v. S. KILLEN, et al., Defendants.
ORDER DENYING PLAINTIFF'S REQUEST FOR A COPY OF TRANSCRIPT OF EVIDENTIARY HEARING (ECF No. 154)
Plaintiff Daniel Masterson is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(1)(B) and Local Rule 302.
On May 17, 2017, Plaintiff filed a request for a copy of the transcript of the evidentiary hearing held on February 15, 2017. (ECF No. 154.) Plaintiff states that he received a notice of lodging of the transcript of the evidentiary hearing by defense counsel, but not a copy of the transcript. Plaintiff further states that if the transcripts were transcribed by someone other than the court reporter, then he intends to file a motion to strike the transcripts. Plaintiff requests that the Court order Defendants to produce a full copy of the transcripts to Plaintiff, or order the Clerk of the Court to provide him a copy.
A defendant is not required to provide plaintiff with a free copy of a deposition transcript. See Whittenberg v. Roll, No. CIV S-04-2313 FCD JFM P, 2006 WL 657381 at *5 (E.D. Cal. Mar. 15, 2006) (denying plaintiff's motion to compel defendant to provide him with a copy of his deposition transcript free of charge). Although granted leave to proceed in forma pauperis, "'the expenditure of public funds [on behalf of an indigent litigant] is proper only when authorized by Congress.'" Tedder v. Odel, 890 F.2d 210, 211 (9th Cir. 1989) (quoting United States v. MacCollom, 426 U.S. 317, 321, 96 S. Ct. 2086 (1976). The expenditure of public funds for deposition transcripts is not authorized by the in forma pauperis statute or any other statute. See 28 U.S.C. § 1915.
The transcripts in this case were prepared by one of the Court's official court reporters, and ordered by Defendants via a transcript request form. The Court will not require Defendants to provide Plaintiff a free copy of the hearing transcript, nor is there any authority for the expenditure of public funds to provide a free copy of the hearing transcript to Plaintiff. Plaintiff may order a transcript by making a request to the court reporter, Jennifer Coulthard, phone number (312) 617-9858, email jenrmrcrr2@gmail.com, or by filing a Transcript Order request form. The reporter's fees will apply.
Accordingly, Plaintiff's request for a copy of the transcript of the evidentiary hearing, filed May 17, 2017 (ECF No. 154), is HEREBY DENIED. IT IS SO ORDERED. Dated: May 18 , 2017
/s/_________
UNITED STATES MAGISTRATE JUDGE