Brummett v. Martinez

Summary

The Eastern District of California grants a pro se prisoner’s request for copies of documents comprising the excerpts of record in his appeal. The court directs preparation and delivery of specified pretrial, motions in limine, and trial transcripts at government expense under 28 U.S.C. § 753(f), certifies that the appeal is not frivolous, and strikes prior transcript request forms.

Holdings

1. A pro se prisoner proceeding in forma pauperis on appeal is entitled under Ninth Circuit Rule 30-3 to copies of documents comprising the excerpts of record for preparing an appellate brief, at no charge.
2. The district court may approve transcript preparation at government expense when the appeal is not frivolous and presents a substantial question, and the requested transcripts are needed to decide the appellate issues.
3. The previously filed transcript request and amended transcript request forms were properly stricken because the amended order superseded the prior order and independently resolved the transcript request.

Questions Presented

1. Whether a pro se prisoner proceeding in forma pauperis on appeal was entitled under Ninth Circuit Rule 30-3 to copies of documents and transcripts needed to prepare his appellate brief.
2. Whether the district court should certify under 28 U.S.C. § 753(f) that the appeal was not frivolous and approve preparation of the requested transcripts at government expense.
3. Whether previously filed transcript request forms should be stricken in light of the amended order.

Disposition

other