Opinion
CIVIL ACTION NO. 4:07cv69-FKB.
March 19, 2010
ORDER
This cause is before the court on numerous post-judgment motions filed by Plaintiff. Having considered the motions, the court rules as follows.
Plaintiff's motion for a new trial [196], motion to stay and motion for sanctions [197], motion to clarify and to reconsider judgment [198], motion to clarify and for reconsideration [201], motion for sanctions [203], motion to stay [204], and motion to reconsider [214] are hereby denied.
Plaintiff's motion for leave to file an amended notice of appeal [209] is granted.
Plaintiff has also filed a motion seeking a transcript and record at government expense [215]. A litigant proceeding in forma pauperis on appeal is entitled to a transcript at government expense only if the trial judge or a circuit judge certifies that the appeal is not frivolous (but presents a substantial question). 28 U.S.C. § 753(f). In order to succeed on a motion for production of transcripts at government expense, a party must also show why the transcripts are necessary for proper disposition of his appeal. Norton v. Dimazana, 122 F.3d 286, 293 (5th Cir. 1997). If the litigant fails to demonstrate a particular need for a transcript or raise a substantial question, the court may properly deny the request. Harvey v. Andrist, 754 F.2d 569, 571 (5th Cir. 1985). In his motion, Plaintiff states only that he needs a transcript to establish error on appeal and that he unable to pay the costs for a transcript. He failed to show specifically why the transcript is necessary to his appeal or otherwise satisfy the requirements for such a request. For this reason, the motion is hereby denied.
SO ORDERED