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Kane v. Pierce

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 30, 2009

SHAUN KANE, PLAINTIFF,
v.
RICHARD PIERCE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DENYING MOTION FOR TRANSCRIPT

(Doc. 95)

On May 22, 2009, Plaintiff Shaun Kane, a federal prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983, filed a motion seeking a transcript of a hearing held in his criminal case on June 22, 2006. Plaintiff seeks the transcript for an attorney who is considering representing him in this case.

The expenditure of public funds on behalf of an indigent litigant is proper only when authorized by Congress. See Tedder v. Odel, 890 F.2d 210 (9th Cir. 1989) (citations omitted). The in forma pauperis statute does not authorize the expenditure of public funds for the purpose sought by Plaintiff, and his motion is HEREBY DENIED. 28 U.S.C. § 1915(c).

IT IS SO ORDERED.

20090630

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