UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 17, 2010
ANTONIO FAHIE, PLAINTIFF,
N. CORREA, DEFENDANT.
The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
ORDER DENYING MOTION FOR TRANSCRIPT AT GOVERNMENT EXPENSE
On February 11, 2010, Plaintiff Antonio Fahie, a state prisoner who was proceeding pro se and in forma pauperis in this civil rights action, filed a motion seeking a copy of the trial transcript.
Following a trial by jury, judgment was entered in favor of Defendant and against Plaintiff on May 21, 2009, and Plaintiff has not filed a notice of appeal, timely or otherwise.*fn1 Because there is no appeal pending in which a transcript has been required by the appellate court, Plaintiff is not entitled to transcript at government expense. Fed. R. App. P. 10(b)(1)(A); 28 U.S.C. § 1915(c).
Plaintiff's motion for a transcript at government expense is HEREBY ORDERED DENIED.
IT IS SO ORDERED.