Ronald Roy Henderson v. United States

734 F.2d 483

Ronald Roy HENDERSON, Plaintiff-Appellant,
v.
UNITED STATES of America, Defendant-Appellee.

No. 83-5749.

United States Court of Appeals,
Ninth Circuit.

Submitted May 25, 1984.
Decided June 5, 1984.

Michael M. Angello, San Diego, Cal., for plaintiff-appellant.

Michael Walsh, Warren P. Reese, Asst. U.S. Atty., San Diego, Cal., for defendant-appellee.

On Appeal from the United States District Court for the Southern District of California.

Before KENNEDY, PREGERSON and NELSON, Circuit Judges:

1

On February 14, 1984 this court entered an order worded as follows:

2

Appellant's renewed motion for leave to appeal in forma pauperis is granted to the extent that preparation of the reporter's transcript shall be at government expense under 28 U.S.C. Sec. 753(f).

3

The Administrative Office of U.S. Courts has refused payment to the court reporter because the February 14 order did not specifically state that the appeal was "not frivolous (but presents a substantial issue)."

4

An order of this court directing production of a transcript at government expense pursuant to Sec. 753(f) implicitly embodies a finding by the court that the appeal presents a substantial issue. Indeed, the court could not enter such an order without necessarily reaching such a conclusion. The February 14 order, and like orders from this court, shall be interpreted as certifications under Sec. 753(f) by the Administrative Office of U.S. Courts. Furthermore, a finding is made nunc pro tunc that this appeal is not frivolous and presents a substantial issue.

5

The Administrative Office will compensate the reporter for the transcript produced pursuant to the February 14 order.