Opinion
CV-18-01471-PHX-JAT (DMF)
06-28-2021
Michael Martin Sanders, Plaintiff, v. Trinity Services Group Incorporated, et al., Defendants.
ORDER
James A. Teilborg Senior United States District Judge
Before the Court is Plaintiff's Motion for Excerpts of Record (Doc. 133). Plaintiff is currently incarcerated, and pursuant to 28 U.S.C. § 1915(a), the Court allowed Plaintiff to proceed in forma pauperis. The Court granted summary judgment in favor of Defendants on February 23, 2021 (Doc. 128), and the Clerk of Court entered judgment in favor of Defendants and against Plaintiff (Doc. 129). Plaintiff then appealed from that judgment (Doc. 130).
Plaintiff now requests “[p]ursuant to Ninth Circuit Rule 30-1.7” that the Court provide “copies of the documents comprising the excerpts of record” in his case. (Doc. 133 at 1). Plaintiff's motion does not specify what documents or portions of the record he desires, nor does he indicate upon what grounds his appeal lies. (See id.).
Ninth Circuit rules do not require pro se appellants to submit excerpts of record, see 9th Cir. R. 30-1.3, and Plaintiff's in forma pauperis status does not entitle Plaintiff to copies of the record at government expense where not required by the appellate court, see 28 U.S.C. § 1915(c). Brown v. Bd. of Prison Terms, No. CIVS061581LKKCMKP, 2007 WL 628665, at *1 (E.D. Cal. Feb. 28, 2007). Further, while prisoners appealing without counsel are entitled to a district court's provision of excerpts of the record, see 9th Cir. R. 30-1.7, excerpts of the record do not encompass the entire record in a case, see 9th Cir. R. 30-1.4. Excerpts of the record include “all decisions being appealed, reviewed, or collaterally challenged, ” and “all other parts, but only those parts, of the record that are relevant to deciding the appeal.” 9th Cir. R. 30-1.4(b)-(c).
Here, Plaintiffs motion has given no indication of the grounds for his appeal or what parts of the record he will need to support his appeal. (See Doc. 133). Upon examining the record, Plaintiff states he is challenging “the orders of 10/7/20 [Doc. 107], 11/2/20 [Doc. 109], 1/26/21 [Doc. 124], 2/16/21 [Doc. 127] . . . and from the final judgment entered in this action on 2/23/21 (Docs. 128, 129).” (Doc. 130). There is no indication in the record, however, of what grounds Plaintiff is appealing upon or what other portions of the record are relevant to Plaintiffs appeal.
Thus, the Court will deny Plaintiffs motion without prejudice so that Plaintiff may file a motion that clearly states what orders he is challenging and what specific portions of the record, along with Doc. numbers, are relevant to deciding the appeal. Plaintiff must also state why the documents he requests are relevant to his appeal, as the excerpts of record may only include relevant portions of the record. See 9th Cir. R. 30-1.4.
Accordingly, IT IS ORDERED that Plaintiffs Motion for Excerpts of Record (Doc. 133) is DENIED without prejudice.