Oshiro v. Bachman

• Court: District Court, D. Nevada
• Decided: November 21, 2024
• Docket: 2:22-cv-02100
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA PERRY BRIAN OSHIRO, Case No.: 2:22-cv-02100-APG-BNW 4 Plaintiff Order Denying Motion for Appeal Transcripts v. [ECF No. 71] 6], M. BACHMAN, 7 Defendant 8 9 Plaintiff Perry Oshiro moves for the government to pay for transcripts he wants to use on his appeal. ECF No. 71. “[T]he court may grant a motion for transcripts at government expense 11} only if ‘the trial judge or circuit judge certifies that the appeal is not frivolous’ and the appeal presents a ‘substantial question.’” Dela Cruz v. Brennan, No. 19-cv-01140-DMR, 2023 WL 4550942, at *1 (N.D. Cal. June 20, 2023) (quoting 28 U.S.C. § 735(f) and citing to Henderson v. United States, 734 F.2d 483, 484 (9th Cir. 1984)). I have not and will not certify that Oshiro’s appeal is not frivolous. I therefore deny the motion for appeal transcripts. However, Oshiro is free to seek that relief from the court of appeals. 17 I THEREFORE ORDER that Perry Oshiro’s motion (ECF No. 71) is denied. 18 DATED this 21st day of November, 2024. 19 G- Andrew P. Gordon 20 Chief United States District Judge 21 22 23 24