Brahney

(PC) Jacques v. Brahney

Good Law
United States District Court, Eastern District of CaliforniaMay 6, 20222:21-cv-00143California314 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL JACQUES, No. 2:21-cv-0143-TLN-EFB P Plaintiff, v. ORDER M. BRAHNEY, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He moves to compel defendants to provide him with a copy of the transcript from his deposition. ECF No. 42. Pursuant to Rule 30 of the Federal Rules of Civil Procedure, however, plaintiff must first pay for a copy of the deposition transcript, and then obtain it from the officer before whom the deposition was taken. Fed. R. Civ. P. 30(f)(3). Neither the court nor the defendants may be forced to bear this cost. Although plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. § 1915, that statute does not authorize the expenditure of public funds for deposition transcripts. See 28 U.S.C. § 1915; Tedder v. Odel, 890 F.2d 210, 211-12 (9th Cir. 1989) (per curiam) (“‘[T]he expenditure of public funds [on behalf of…

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