(PC) Torres v. Patel

Opinion

MIGUEL TORRES., ) Case No.: 1:18-cv-00188-LJO-SAB (PC) ) Plaintiff, ) ) ORDER DENYING PLAINTIFF’S MOTION TO v. ) COMPEL ) ISMAIL PATEL, et.al., [ECF No. 47] ) Defendants. ) ) ) )

Plaintiff Miguel Torres is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s motion to compel, filed on April 23, 2020. (ECF No. 23.) Plaintiff seeks to compel Defendants to provide him a free copy of his deposition transcript. Plaintiff’s motion must be denied. Defendants are not required to provide Plaintiff with a copy of his deposition transcript. See Boston v. Garcia, No. 2:10-cv-1782 KJM DAD P, 2013 WL 1165062, at *2 (E.D. Cal. Mar. 20, 2013) (denying plaintiff’s request that the court order defendants to provide him with a copy of his deposition transcript). Moreover, Plaintiff cannot obtain a copy of his deposition transcript free of charge through a request for production. See Joseph v. Parciasepe, No. 2:14-cv-0414 GEB ACP, 2016 WL 2743448, at *4 (E.D. May, 11, 2016) (denying motion to compel production of a free copy of a deposition transcript). Furthermore, although Plaintiff is proceeding in forma pauperis, “ ‘the WAS 4.10 ° UV LOOUINYINE SGN MVEUPTTOTI Sto PIR eee OY eve

expenditure of public funds [on behalf of an indigent litigant] is proper only when authorized by Congress.’ ” Tedder v. Odel, 890 F.2d 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 authorizec by the in forma pauperis statute or any other statute. See 28 U.S.C. § 1915. Pursuant to Federal Rule of Civil Procedure 30, a party may obtain a copy of the deposition transcript upon reasonable paymer of fees from the officer before whom the deposition was taken—a court reporter or deposition office See Fed. R. Civ. P. 30(f)(3); Clairborne v. Battery, No. CIV S-06-2919 FCD EFB, 2009 WL 530352, at *3 (E.D. Cal. Mar. 3, 2009) (denying plaintiff's request for a court order directing the defendant to provide him with a copy of his deposition transcript); Brown v. Castillo, No. CV F-02-6018 AWI DLB, 2006 WL 1408452, at *1 (E.D. Cal. May 22, 2006) (same). Accordingly, Plaintiff's motion to compel Defendants to provide him a free copy of the deposition transcript is DENIED. IT IS SO ORDERED. 1 (ee Dated: _ June 26, 2020 OF UNITED STATES MAGISTRATE JUDGE