Demian Dominguez v. Dr. Benson, et al.

Opinion

3 * * *

4 DEMIAN DOMINGUEZ, Case No. 3:23-CV-00474-CLB

5 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION TO DESIGNATE TRANSCRIPTS ON 6 v. APPEAL

7 DR. BENSON, et al., [ECF No. 79]

8 Defendants.

9 10 Before the Court is Plaintiff Demian Dominguez’s (“Dominguez”) motion to 11 designate transcripts for use on appeal. (ECF No. 79.) Dominguez is appealing the 12 Court’s decision granting Defendants’ motion for summary judgment and entering 13 judgment in favor of Defendants, (ECF No. 75). (ECF No. 77.) The instant motion states 14 that Dominguez does not want to miss the 14-day deadline set by the Ninth Circuit to 15 designate transcripts for use on appeal. (ECF No. 79.) However, Dominguez states that 16 he does not have access to the necessary form and asks that “if this doesn’t work, can 17 you efile me the correct form & instructions.” (Id.) 18 First, it is unclear what transcripts Dominguez is seeking. Dominguez attached a 19 document to his motion titled “Designation of Transcripts to be Used in Record on 20 Appeal,” however, Dominguez does not identify the dates of any hearings or the docket 21 number for any hearings. (ECF No. 79 at 3.) Dominguez merely wrote “all transcripts” in 22 the box for a description of the proceeding. (Id.) The issue on appeal concerns the grant 23 of Defendants’ summary judgment where the Court reached its decision solely on the 24 briefs filed by the parties on the docket. (See ECF No. 75.) Thus, the Court cannot 25 identify what transcripts Dominguez seeks and consequently his motion to designate 26 transcripts for use on appeal is denied. 27 Furthermore, Dominguez is currently proceeding in forma pauperis. To the extent request is also denied. "An order of this court directing production of a transcript at 2| government expense pursuant to § 753(f) implicitly embodies a finding by the court that the appeal presents a substantial issue." Henderson v. United States, 734 F.2d 483, 484 (9th Cir. 1984). The Court declines to make such a finding and the motion is also denied 5 | on those grounds. 6 IT IS THEREFORE ORDERED that Dominguez’s motion for designation of 7 | transcripts on appeal, (ECF No. 79), is DENIED. . 8 DATED: April 10, 2026. 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28