Opinion
Case No.: 1:18-cv-00188-LJO-SAB (PC)
06-26-2020
MIGUEL TORRES., Plaintiff, v. ISMAIL PATEL, et.al., Defendants.
ORDER DENYING PLAINTIFF'S MOTION TO COMPEL [ECF No. 47]
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 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 authorized 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 payment of fees from the officer before whom the deposition was taken—a court reporter or deposition officer. 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. Dated: June 26 , 2020
/s/_________
UNITED STATES MAGISTRATE JUDGE