Summary
The United States District Court for the Eastern District of California denied a state prisoner’s motion seeking a free copy of his deposition transcript. The court held that the plaintiff must obtain the transcript from the deposition officer upon payment of reasonable charges, while noting that defendants must provide copies of transcript portions used to support a summary judgment motion.
Topics
Practice areas
Questions Presented
- Whether an indigent prisoner proceeding in forma pauperis is entitled to a court order requiring the government, defense counsel, defendants, or the court reporter to provide a deposition transcript without charge.
- Whether Federal Rule of Civil Procedure 30(f)(3) requires the deposition officer to provide a transcript without payment of reasonable charges.
Holdings
- A litigant proceeding in forma pauperis is not statutorily entitled to receive a deposition transcript from the government without charge, and the court will not order the court reporter, defense counsel, or defendant to provide one free of charge.
- Defendants are required to provide plaintiff copies of any portions of deposition transcripts used to support a motion for summary judgment.
Key quotations
“There is no statutory requirement for the government to provide a litigant proceeding in forma pauperis with copies of a deposition transcript.” (at 1)
“Thus, the court will not order the court reporter, defense counsel or the defendant to provide plaintiff with a copy of his deposition transcript without charge.” (at 1)
“Defendants are required to provide plaintiff copies of any portions of deposition transcripts used to support a motion for summary judgment.” (at 2)
Factual background
Jean-Max Darbouze is a state prisoner proceeding pro se and in forma pauperis in a civil-rights action under 42 U.S.C. § 1983. He sought a court order requiring the court reporter, defense counsel, or defendants to provide him a copy of his deposition transcript without charge. The court concluded that he must obtain the transcript from the deposition officer upon payment of reasonable charges, subject to defendants' obligation to provide transcript portions used to support a summary-judgment motion.
Procedural history
Plaintiff filed a motion styled 'Motion to Provide a Copy of the Deposition Transcripts.' The magistrate judge denied the motion, concluding that plaintiff was not entitled to obtain the transcript free of charge, while noting that defendants must provide plaintiff copies of deposition portions used to support a motion for summary judgment.