Opinion
2:22-cv-02100-APG-BNW
11-21-2024
PERRY BRIAN OSHIRO, Plaintiff v. M. BACHMAN, Defendant
ORDER DENYING MOTION FOR APPEAL TRANSCRIPTS [ECF NO. 71]
Andrew P. Gordon, Chief United States District Judge.
Plaintiff Perry Oshiro moves for the government to pay for transcripts he wants to use on his appeal. ECF No. 71. “[T]he court may grant a motion for transcripts at government expense only if ‘the trial judge or circuit judge certifies that the appeal is not frivolous' and the appeal presents a ‘substantial question.'” Dela Cruz v. Brennan, No. 19-cv-01140-DMR, 2023 WL 4550942, at *1 (N.D. Cal. June 20, 2023) (quoting 28 U.S.C. § 735(f) and citing to Henderson v. United States, 734 F.2d 483, 484 (9th Cir. 1984)). I have not and will not certify that Oshiro's appeal is not frivolous. I therefore deny the motion for appeal transcripts. However, Oshiro is free to seek that relief from the court of appeals.
I THEREFORE ORDER that Perry Oshiro's motion (ECF No. 71) is denied.