Mascorro v. The City of San Diego

Opinion

ELOY MASCORRO, Case No.: 21-cv-1427-RSH-DDL

Plaintiff, ORDER DENYING PLAINTIFF’S EX v. PARTE MOTION TO APPOINT OFFICER OF THE COURT FOR A THE CITY OF SAN DIEGO; DOES 1 – DEPOSITION 6; HOUSE OF PACIFIC RELATIONS; HOUSE OF NORWAY, [Dkt. No. 166] Defendants.

Before the Court is pro se Plaintiff Eloy Mascorro’s (“Plaintiff”) Ex Parte Motion to Appoint Officer of the Court for a Deposition (“Motion”). Dkt. No. 166. Specifically, Plaintiff “requests that all costs of the court reporter be waived due to plaintiffs [sic] IFP status.” Id. at 2. Furthermore, Plaintiff seeks “the appointment of a court officer to swear in all persons participating in the deposition if the court denies the appointment/cost of the court reporter.” Id. Although Plaintiff has been granted leave to proceed in forma pauperis, “plaintiff’s indigent status does not entitle him to a waiver of fees” to cover the cost of a deposition officer or court reporter. Goodlow v. Camacho, No. 20-cv-2038-AJB-AGS, 2021 WL 3516478, at *1 (S.D. Cal. Aug. 10, 2021), quoting Owens v. Degazio, No. 2: 16-cv-2750 JAM KJN P, 2019 WL 3253934, at *2 (E.D. Cal. July 19, 2019) (“Plaintiff's in forma pauperis status also does not entitle him to a waiver of any of the costs associated with this form of deposition; instead, he must pay the necessary deposition officer fee, court reporter fee, and costs for a transcript.” As explained by the court in Jackson v. Woodford, No. CIV O5CV0513-L NLS, 2007 WL 2580566, at *1 (S.D. Cal. Aug. 17, 2007), “‘Expenditure of public funds [on behalf of an indigent litigant] is proper only when authorized by Congress Pursuant to 28 U.S.C. § 1915(a), Plaintiffs in forma pauperis status entitles him to a waiver of the filing fee and free service of process by United States Marshals, however, it does not entitle him to waiver of witness fees, mileage or deposition officer fees.” (citations omitted). Plaintiffs IFP status does not entitle him to a waiver of fees for a court reporter or officer of the court, nor does it entitle Plaintiff to court-ordered appointment of a court reporter or officer of the court. The Motion is DENIED. Dated: April 1, 2024 _— Tbe! hh a Hon.DavidD.Leshner SS United States Magistrate Judge