(PC) Solorio v. Sullivan ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ADRIAN SOLORIO, 1:19-cv-00688-JLT-GSA-PC 12 Plaintiff, ORDER DENYING PLAINTIFF’S REQUEST FOR DEPOSITION TRANSCRIPT 13 vs. (ECF No. 134.) 14 SULLIVAN, et al., 15 Defendants. 16 17 18 19 20 21 22 I. BACKGROUND 23 This is a civil rights action filed pursuant to 42 U.S.C. § 1983 by Plaintiff Adrian Solorio, 24 a state prisoner proceeding pro se and in forma pauperis. This case is scheduled for jury trial on 25 September 19, 2023 at 8:30 a.m. before the Honorable Jennifer L. Thurston at the United States 26 District Court in Fresno, California. 27 On September 11, 2023, Plaintiff filed a request to be provided with a copy of a 28 deposition transcript(s). (ECF No. 134.) 1 II. REQUEST FOR COPY OF DEPOSITION TRANSCRIPT 2 Plaintiff requests a copy of his deposition transcript. He recalls that Defendants’ counsel 3 mentioned that the parties would be served with a copy of the deposition, but it was never 4 delivered to Plaintiff. Plaintiff requests to be provided with the transcript at his address at Kern 5 Valley State Prison. 6 This Court has no authority to require Defendants to cover the cost of the deposition 7 transcript despite Plaintiff proceeding pro se and in forma pauperis. Sharpe v. Cryer, No. 8 119CV00711ADAEPGPC, 2023 WL 3726145, at *1 (E.D. Cal. May 30, 2023) (citing see 9 Clemente v. Parciasepe, No. 2:14-CV-0611 KJN P, 2015 WL 6447495, at *2 (E.D. Cal. Oct. 23, 10 2015) (“Defense counsel is correct that defendant is not required to provide plaintiff with a free 11 copy of a deposition transcript.”)). 12 Moreover, to the extent that Plaintiff would seek the use of Court funds to pay for a 13 deposition transcript, “[t]here also is no statutory requirement for the Court . . . to provide a 14 litigant proceeding in forma pauperis with copies of deposition transcripts.” Id. (quoting Davis 15 v. Molina, No. 1:14-CV-1554-BAM (PC), 2017 WL 11707632, at *1 (E.D. Cal. Sept. 27, 2017) 16 (also denying a plaintiff’s request for a defendant to provide him with a copy of a deposition 17 transcript)). 18 Pursuant to Federal Rule of Civil Procedure 30, a party may obtain a copy of a deposition 19 transcript upon reasonable payment of fees, and Plaintiff’s in forma pauperis status does not 20 entitle him to a free copy. Tufono v. Ward, No. CV 19-7397-JFW (KS), 2021 WL 9684444, at 21 *1 (C.D. Cal. Dec. 22, 2021) (citing Fed. R. Civ. P. 30(f)(3); see also Vanderbusch v. Chokatos, 22 2018 WL 3031488, at *2 (E.D. Cal. June 15, 2018)) (denying plaintiff’s request for court to order 23 defendants to provide a copy of deposition transcript) (citing Boston v. Garcia, 2013 WL 24 1165062, at *2 (E.D. Cal. Mar. 20, 2013) (same)). 25 A plaintiff must obtain deposition transcripts from the officer before whom the deposition 26 was taken—a court reporter or deposition officer. Id. (citing see Claiborne v. Battery, 2009 WL 27 530352, at *3 (E.D. Cal. Mar. 3, 2009) (denying plaintiff’s request for a court order directing the 28 defendant to provide him with a copy of his deposition transcript)). 1 Accordingly, Plaintiff’s request for a copy of his deposition transcript shall be DENIED. 2 IV. CONCLUSION 3 Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s request for a copy of 4 his deposition transcript is DENIED. 5 IT IS SO ORDERED. 6 7 Dated: September 12, 2023 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28