ARELLANO v. HODGE

Case No. 14-cv-590 JLS (JLB).

RAUL ARELLANO, JR., Plaintiff, v. OFFICER HODGE et al., Defendants.

United States District Court, S.D. California.

Editors Note
Applicable Law: 42 U.S.C. § 1983pr
Cause: 42 U.S.C. § 1983pr Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Raul Arellano, Jr., Plaintiff, Pro Se.

Officer Hodge, Defendant, represented by Sylvie Plamondon Snyder , Attorney Generals Office.

P. Velardi, Defendant, represented by Sylvie Plamondon Snyder , Attorney Generals Office.

Dr. Chau, Defendant, represented by Sylvie Plamondon Snyder , Attorney Generals Office.

Dr. Sedighi, Defendant, represented by Sylvie Plamondon Snyder , Attorney Generals Office.


ORDER DENYING MOTION TO RECEIVE DEPOSITION TRANSCRIPT

[ECF No. 145]

JILL L. BURKHARDT, Magistrate Judge.

Before the Court is Plaintiff's motion to receive a copy of the transcript of the deposition taken on March 24, 2017. (ECF No. 145.) Plaintiff asserts that he submitted a request for a copy of the transcript to U.S. Legal Support, the court reporting agency that transcribed the deposition, on April 7, 2017, but he has not received a response to his request. (Id. at 3.) Plaintiff now requests that the Court either send him a copy of the deposition transcript or "tell its court reporting service" to send him a copy of the transcript. (Id.)

The Court does not have the authority to provide Plaintiff with a copy of the requested deposition transcript free of charge. A person who transcribes a deposition is required to provide a copy of the transcript to any party or the deponent only when paid reasonable charges therefor. Fed. R. Civ. P. 30(f)(3). Although Plaintiff was granted leave to proceed in forma pauperis in this case (ECF No. 3), 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.3d 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; Franklin v. Felker, No. 2:11-cv-2055 KJN P, 2012 WL 3234234, at *2 (E.D. Cal. Aug. 6, 2012). Accordingly, the Court cannot grant Plaintiff's request that it provide him a copy of the March 24, 2017 deposition transcript free of charge. See Claiborne v. Battey, No. CIV S-06-2919 FCD EFB P, 2009 WL 530352, at *3 (E.D. Cal. Mar. 3, 2009).

Nor does the Court have the authority to compel U.S. Legal Support to provide Plaintiff with a copy of the deposition transcript free of charge. U.S. Legal Support is not a court reporting service of the Court, as Plaintiff's motion suggests. (See ECF No. 145 at 3.) And, even if it were, under the Federal Rules of Civil Procedure, the Court cannot compel it to provide Plaintiff with a copy of the deposition transcript free of charge. See Fed. R. Civ. P. 30(f)(3); see also Brown v. Castillo, No. CV-F-02-6018 AWI DLB P, 2006 WL 1408452, at *1 (May 22, 2006) ("Neither this court nor defendant can provide a copy [of the deposition transcript] to plaintiff without the authorization of the court reporter."). Accordingly, if Plaintiff desires a copy of the March 24, 2017 deposition transcript, he must request it from U.S. Legal Support and pay U.S. Legal Support the reasonable charges for the transcript. See Fed. R. Civ. P. 30(f)(3).

For the reasons above, the Court DENIES Plaintiff's request for a copy of the March 24, 2017 deposition transcript (ECF No. 145).

IT IS SO ORDERED.


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