Andrews v. Dejoy

Full title: CARLOS L. ANDREWS, Plaintiff, v. LOUIS DEJOY, Postmaster General, United…

Court: United States District Court, District of Montana

Date published: Feb 8, 2022

No. CV-20-11-GF-BMM (D. Mont. Feb. 8, 2022)

Opinion

CV-20-11-GF-BMM

02-08-2022

CARLOS L. ANDREWS, Plaintiff, v. LOUIS DEJOY, Postmaster General, United States Postal Service, Defendant.

Brian Morris, Chief District Judge

ORDER

Brian Morris, Chief District Judge

Plaintiff Carlos Andrews (“Andrews”) has filed a Motion for Production of Transcripts at the Government's Expense (Doc. 146). The Government opposes the Motion. Andrews cites to United States Magistrate Judge Christopher Bly's Order on February 5, 2019, that allowed Andrews to file his action in forma pauperis. Andrews claims that because he was allowed to proceed without payment of a filing fee at the beginning of his case, he is now entitled to trial transcripts at the expense of the Government. For the following reasons, the Court DENIES the Motion.

ANALYSIS

It is the appellant's duty to both order and pay the court reporter for transcripts. Fed. R. App. P. 10(b)(1), (b)(4). An appellant may file, however, a motion seeking a transcript at the Government's expense. 28 U.S.C. § 753(f). The statute contains two prerequisites:

Fees for transcripts furnished in other proceedings to persons permitted to appeal in forma pauperis shall also be paid by the United States if the trial judge or a circuit judge certifies that the appeal is not frivolous (but presents a substantial question).

Id. (underlines added). Andrews fails to establish at least the first prerequisite. The Ninth Circuit has yet to permit Andrews to file his appeal in forma pauperis. Andrews claims instead that proceeding in this Court in forma pauperis pursuant to Judge Bly's 2019 order provides him grounds for having the Government pay his transcript fees. This order is from the initial filing of the case three years ago. It is also from the District of Georgia, well outside the Ninth Circuit's range. Notably, Judge Bly's order relates only to service of process and the documents associated with service of process. (Doc. 146-1). Without the permission to appeal in forma pauperis, Andrews is not entitled to the Government paying his transcript fees.

Because Andrews fails the first prerequisite, the Court need not analyze whether an appeal is frivolous. Accordingly, Andrews is not entitled to trial transcripts at the expense of the Government.

ORDER

Accordingly, IT IS ORDERED that Andrews's Motion for Production of Transcripts at the Government's Expense (Doc. 146) is DENIED.