Opinion
No. C-09-0901 EMC
07-08-2014
WANDA JOHNSON, et al., Plaintiffs, v. BAY AREA RAPID TRANSIT DISTRICT, et al., Defendants. AND RELATED ACTIONS.
CONSOLIDATED CASES
C-09-4014 EMC (Grant)
C-09-4835 EMC (Bryson, et al.)
C-10-0005 EMC (Caldwell)
ORDER DENYING OSCAR GRANT,
JR.'S REQUEST FOR TRANSCRIPT
PAYMENT WAIVER
(Docket No. 573-2)
On July 3, 2014, Plaintiff Oscar Grant, Jr. filed a notice of appeal from the jury's verdict in this action. Docket No. 573. Attached to the notice of appeal was a request for an order waiving the payment of transcript fees. The request asserted that "Plaintiff is currently incarcerated and unable to afford the transcript expenses." Docket No. 573-2, at 1.
"Transcript expenses are ineligible for waiver because court reporters must be paid for transcription. Even if the court record is digital, the transcriber must be paid." In re Lark, BAP No. CC-09-1239, 2010 WL 6451889, at *4 (9th Cir. B.A.P. Feb. 4, 2010) (citation omitted). In this way, a reporter or transcript fee is never "waived" - rather, in certain circumstances the United States government bears the cost of that fee. See United States v. Worley, No. 1:09-MC-142, 2009 WL 2859037 (M.D. Pa. Sept. 3, 2009) ("In the truest sense, transcript fees are never waived; the cost is simply bourne by the government rather than a party proceeding in forma pauperis."). Section 753(f) of Title 28 provides that the government will pay transcript fees: (1) in criminal proceedings to persons proceeding under the Criminal Justice Act; (2) in habeas corpus proceedings to persons "allowed to sue, defend, or appeal in forma pauperis;" and (3) in all other proceedings where the person is "permitted to appeal in forma pauperis" so long as a trial or circuit judge "certifies that the appeal is not frivolous (but presents a substantial question)." 28 U.S.C. § 753(f).
Section 753(f) thus makes clear that a party's in forma pauperis status is an essential pre-requisite to having the government bear the cost of obtaining transcripts in a civil proceeding. See, e.g., In re Price, 410 B.R. 51, 57 (Bankr. E.D. Cal. 2009) ("The grant of in forma pauperis status under § 1915(a) is an essential element to qualifying for payment by the United States for transcripts for the appeal."); see also Britt v. United States, CIV. A. 12-00173-KD, 2013 WL 6499451 (S.D. Ala. Dec. 6, 2013) ("The Court has previously ruled that Britt is not entitled to proceed in forma pauperis on appeal; thus, Britt is not entitled to transcripts furnished at government expense."); Konarski v. Donovan, 763 F. Supp. 2d 128, 136 (D.D.C. 2011) (denying request for waiving transcript fees because "petitioners paid the filing fee in [the] case and have not sought leave to proceed without payment of costs").
Plaintiff, who has been and continues to be represented by counsel, has not been granted in forma pauperis status in these proceedings and has not requested leave to proceed in forma pauperis on appeal. See Docket No. 1 (indicating the $350 filing fee was paid). Accordingly, Plaintiff's request for a waiver of transcript fees is DENIED.
This order disposes of Docket No. 573-2.
IT IS SO ORDERED
__________
EDWARD M. CHEN
United States District Judge