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Turner v. Sacramento City Fire Dep't.

United States District Court, Eastern District of California
Oct 31, 2022
2:19-cv-0416 TLN DB P (E.D. Cal. Oct. 31, 2022)

Opinion

2:19-cv-0416 TLN DB P

10-31-2022

ANTHONY DEWAYNE LEE TURNER, Plaintiff, v. SACRAMENTO CITY FIRE DEPT., et al., Defendants.


ORDER

DEBORAH BARNES, UNITED STATES MAGISTRATE JUDGE

Plaintiff, a former state prisoner, proceeds pro se with a civil rights action under 42 U.S.C. § 1983. This case proceeds on plaintiff's fourth amended complaint filed on October 14, 2020. (ECF No. 22.) Plaintiff has filed two requests for a copy of the transcript of his July 21, 2022 deposition. (ECF Nos. 76, 78.)

Federal Rule of Civil Procedure 30(e)(1) provides, pertinent part: “On request by the deponent . . . before the deposition is completed, the deponent must be allowed 30 days after being notified by the officer that the transcript . . . is available in which: (A) to review the transcript. . . .; and (B) if there are changes in form or substance, to sign a statement listing the changes and the reasons for making them.” Here, though, plaintiff does not indicate that he requested, before the completion of his deposition, to review the resulting transcript. Instead, it appears plaintiff is requesting a free copy of his deposition transcript.

The court is not in possession of the deposition transcript. The court is also without authority to order the court reporter provide plaintiff with a free copy of the deposition transcript. Although plaintiff was granted leave to proceed in forma pauperis in this case, it is well established that “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 (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.

For the foregoing reasons, IT IS ORDERED that plaintiff's requests for a copy of his deposition transcript are DENIED.


Summaries of

Turner v. Sacramento City Fire Dep't.

United States District Court, Eastern District of California
Oct 31, 2022
2:19-cv-0416 TLN DB P (E.D. Cal. Oct. 31, 2022)
Case details for

Turner v. Sacramento City Fire Dep't.

Case Details

Full title:ANTHONY DEWAYNE LEE TURNER, Plaintiff, v. SACRAMENTO CITY FIRE DEPT., et…

Court:United States District Court, Eastern District of California

Date published: Oct 31, 2022

Citations

2:19-cv-0416 TLN DB P (E.D. Cal. Oct. 31, 2022)