(PS) Horn v. Experis US, Inc. ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELLA W. HORN, No. 2:20-cv-00212-JAM-CKD PS 12 Plaintiff, 13 v. ORDER 14 EXPERIS US, INC., A MANPOWER BRAND COMPANY, 15 Defendant. 16 17 Before the undersigned are plaintiff’s motion to waive the cost of court transcripts related 18 to her pending appeal and to proceed in forma pauperis on appeal.1 (ECF Nos. 38, 39.) 19 “Production of the transcript at government expense for an appellant in forma pauperis in a civil 20 case is proper under 28 U.S.C. § 753 if a trial judge certifies that the appeal is not frivolous and 21 presents a substantial question.” McKinney v. Anderson, 924 F.2d 1500, 1511 (9th Cir.), 22 overruled on other grounds by Helling v. McKinney, 502 U.S. 903 (1991). The relief under 23 section 753 is permissive. Id. The undersigned is unable to certify that plaintiff’s pending appeal 24 //// 25 //// 26 //// 27 1 Plaintiff incorrectly states that she is proceeding in forma pauperis in this action, “as previously 28 approved and honored by this Court.” (ECF No. 38 at 1.) 1 | is not frivolous and presents a substantial question. Accordingly, plaintiff's request for court 2 | transcripts at the government’s expense, and to proceed in forma pauperis on appeal, are 3 | DENIED. 4 | ITIS SO ORDERED. 5 | Dated: December 8, 2020 Pee a4 if / /, CAN fu fl. ay 6 CAROLYN K. DELANEY 7 UNITED STATES MAGISTRATE JUDGE 8 9 | 17.212.appeal 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28