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Tilei v. Wan

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 22, 2010

PUNAOFO TSUGITO TILEI PLAINTIFF,
v.
T. WAN, ET AL., DEFENDANTS.

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

ORDER DENYING PLAINTIFF'S MOTION FOR A COPY OF HIS DEPOSITION TRANSCRIPT (Doc. 54)

On July 20, 2009, Plaintiff Punaofo Tsugito Tilei, who is proceeding pro se and in forma pauperis in this civil rights action, filed a motion seeking a court order requiring Defendants or Kings Court Reporters to provide him with a copy of his deposition transcript.

Plaintiff is entitled to a copy of the deposition transcript upon payment of reasonable charges. Fed. R. Civ. P. 30(f)(3). There is no provision under the Federal Rules or the Local Rules for free copies of deposition transcripts. Further, "'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, 211-12 (9th Cir. 1989) (quoting United States v. MacCollum, 426 U.S. 317, 321, 96 S.Ct. 2086 (1976)).

Because the in forma pauperis statute does not authorize the expenditure of public funds for the purpose sought by Plaintiff, his motion is HEREBY ORDERED DENIED.*fn1

IT IS SO ORDERED.


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