UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
October 24, 2011
DEBBIE MANJUANO, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
ORDER DENYING MOTION FOR
Robert Benyamini ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action now proceeds on the Third Amended Complaint, filed on May 23, 2008, against defendants Mandujano,*fn1 Wilcox, Wilkerson, and O'Grady, on Plaintiff's Eighth Amendment claims for adverse conditions of confinement (Docs. 1, 35.) On October 11, 2007, Plaintiff filed a notice of appeal to the Ninth Circuit, appealing the Court's order of September 12, 2011 which denied Plaintiff's request for entry of default against defendant Debbie Mandujano. (Doc. 132.)
On October 20, 2011, Plaintiff filed a motion for the Court to provide him with copies of transcripts of the proceedings in this action at government expense. (Doc. 142.) Plaintiff also requests Transcript Designation Forms. Id. A litigant who has been granted in forma pauperis status may move to have transcripts produced at government expense. Thomas v. Computax Corp., 631 F.2d 139, 142, 143 (9th Cir. 1980); see 28 U.S.C. § 753(f). However, in this action, there have been no court hearings to date. Therefore, no transcripts exist in this action at this stage of the proceedings for the Court to produce in response to Plaintiff's motion. Accordingly, Plaintiff's motion must be denied.
Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff's motion for transcripts and Transcript Designation Forms, filed on October 20, 2011, is DENIED.
IT IS SO ORDERED.