Gallant v. Johnson

S.D. Ohio

Gallant v. Johnson

DecidedSeptember 16, 2019

Docket1:16-cv-00383

StatusUnknown

This text of Gallant v. Johnson (Gallant v. Johnson) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gallant v. Johnson, (S.D. Ohio 2019).

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UNITED STATES DISTRICT COURT . SOUTHERN DISTRICT OF OHIO WESTERN DIVISION JEREMY P. GALLANT, Case No. 1:16-cv-383 Plaintiff, Dott, J. Litkovitz, M.J. vs.

MR. HOLDREN, et al., ORDER Defendants. This matter is before the Court on plaintiff's motion for a transcript at government expense for purposes of his appeal. (Doc. 102). Plaintiff's request is not well-taken. Plaintiff appeals from an Order which granted summary judgment against him in a civil action alleging unconstitutional conditions of confinement. No hearings occurred in his case at the district court level. Thus, there are no transcripts in the court record that plaintiff can obtain and use on appeal. Even if the record did include a transcript, plaintiff would not be entitled to a free copy at government expense. An indigent defendant cannot be denied a copy of a trial transcript consistent with his Fourteenth Amendment rights if his inability to pay for a transcript precludes him from obtaining appellate review of an asserted trial error. Griffin v. Illinois, 351 U.S. 12, 19 (1956). Griffin has not generally been extended to civil cases, although exceptions are made “for those civil cases involving fundamental interests, such as intrusion on family relationships.” Hillman v. Ohio, No. 2:11-cv-607, 2012 WL 1623857, at *4 (S.D. Ohio May 9, 2012) (Report and Recommendation), adopted, (S.D. Ohio Aug. 21, 2012) (citing M.L.B. v. S.L.., 519 U.S. 102, 114, 116 (1996) (appeal from trial court decrees terminating parental rights); Johnson v. Hubbard, 698 F.2d 286, 289 (6th Cir.1983), abrogated on other gds by L & W Supply Corp. v.

Acuity, 475 F.3d 737 (6th Cir. 2007); Tucker v. Branker, 142 F.3d 1294, 1299 (D.C. Cir. 1998)). A fundamental or exceptional interest is not at stake in plaintiff's appeal. Plaintiff's motion for a copy of a transcript (Doc. 102) is DENIED. To the extent plaintiff wishes to obtain copies of other filings of record, he is free to request copies at his own cost. IT IS SO ORDERED.

pac 93/9 Eigen Aktlate Karen L. Litkovitz United States Magistrate Judge

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UNITED STATES DISTRICT COURT . SOUTHERN DISTRICT OF OHIO WESTERN DIVISION JEREMY P. GALLANT, Case No. 1:16-cv-383 Plaintiff, Dott, J. Litkovitz, M.J. vs.

MR. HOLDREN, et al., ORDER Defendants. This matter is before the Court on plaintiff's motion for a transcript at government expense for purposes of his appeal. (Doc. 102). Plaintiff's request is not well-taken. Plaintiff appeals from an Order which granted summary judgment against him in a civil action alleging unconstitutional conditions of confinement. No hearings occurred in his case at the district court level. Thus, there are no transcripts in the court record that plaintiff can obtain and use on appeal. Even if the record did include a transcript, plaintiff would not be entitled to a free copy at government expense. An indigent defendant cannot be denied a copy of a trial transcript consistent with his Fourteenth Amendment rights if his inability to pay for a transcript precludes him from obtaining appellate review of an asserted trial error. Griffin v. Illinois, 351 U.S. 12, 19 (1956). Griffin has not generally been extended to civil cases, although exceptions are made “for those civil cases involving fundamental interests, such as intrusion on family relationships.” Hillman v. Ohio, No. 2:11-cv-607, 2012 WL 1623857, at *4 (S.D. Ohio May 9, 2012) (Report and Recommendation), adopted, (S.D. Ohio Aug. 21, 2012) (citing M.L.B. v. S.L.., 519 U.S. 102, 114, 116 (1996) (appeal from trial court decrees terminating parental rights); Johnson v. Hubbard, 698 F.2d 286, 289 (6th Cir.1983), abrogated on other gds by L & W Supply Corp. v.

Acuity, 475 F.3d 737 (6th Cir. 2007); Tucker v. Branker, 142 F.3d 1294, 1299 (D.C. Cir. 1998)). A fundamental or exceptional interest is not at stake in plaintiff's appeal. Plaintiff's motion for a copy of a transcript (Doc. 102) is DENIED. To the extent plaintiff wishes to obtain copies of other filings of record, he is free to request copies at his own cost. IT IS SO ORDERED.

pac 93/9 Eigen Aktlate Karen L. Litkovitz United States Magistrate Judge

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