Yablonsky v. California Department of Correction & Rehabilitation

Opinion

John Henry YABLONSKY, Case No.: 18-cv-1122-AGS Plaintiff, ORDER DENYING REQUEST TO WAIVE DEPOSITION FEES AND v. COSTS (ECF 95) et al., Defendants. Plaintiff’s request to waive deposition fees and costs, including transcription costs, is denied. Prisoners proceeding pro se and in forma pauperis under 28 U.S.C. § 1915 may use any discovery method set forth in the Federal Rules of Civil Procedure. However, 28 U.S.C. § 1915 “does not extend to the cost of taking and transcribing a deposition.” Starkey v. Hernandez, No. 317CV01158JLSKSC, 2018 WL 2441554, at *1 (S.D. Cal. May 31, 2018) (citation omitted); see also Arellano v. Hodge, No. 14-CV-590 JLS (JLB), 2018 WL 637854, at *3 (S.D. Cal. Jan. 30, 2018) (“§ 1915 does not authorize or require federal courts to finance or subsidize a civil action by paying fees or other costs associated with the litigation.”). Therefore, plaintiff “must bear the costs of recording the . . . deposition as well as transcribing the deposition.” Golez v. Potter, No. 09-CV-965 AJB WMC, 2011 WL 3021045, at *1 (S.D. Cal. July 21, 2011). Dated: January 25, 2021

Hon. Andrew G. Schopler United States Magistrate Judge 1]