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Civil Rights: Other | New York Southern
Memo Endorsement
MEMO ENDORSEMENT on re: 61 Letter, filed by Mark Westbrooks ENDORSEMENT: 28 U.S.C. § 753(f) provides that persons proceeding in forma pauperis in civil cases, such asplaintiff, are eligible to have transcripts provided at the United States' expense if (1) the transcriptis "needed to decide the issue presented by [a] suit or appeal" brought under 28 U.S.C. § 2255 or(2) if the person is permitted to appeal in forma pauperis and "the appeal is not frivolous (butpresents a substantial question)." Plaintiff does not bring this action under 28 U.S.C. § 2255, nordoes he contemplate any appeal at this stage. The statute does not provide any othercircumstances under which a civil litigant may request a free copy of a particular court transcript.Accordingly, Plaintiffs application for an order directing the United States to pay for thetranscript is denied. See, e.g., Toaz v. Lane, No. 3:17-cv-01425, 2019 WL 1264880, at *2 (M.D.Pa. Mar. 19, 2019) ([U]nder this statute, an indigent party is entitled to a transcript at publicexpense only on appeal, and only if the indigent litigant demonstrates that the appeal is notfrivolous and presents a substantial question. (emphasis in original)).Nonetheless, the Court finds that it would be useful for further proceedings in this case to have atranscript of the August 20, 2026 conference prepared. The Court, in the exercise of itsdiscretion, therefore directs defendant to order and pay for a transcript of the conference and toshare a copy of the transcript with Plaintiff upon receipt. SO ORDERED. (Signed by Magistrate Judge Gary Stein on 10/1/2026) (jca)
P.I.: Other | Pennsylvania Middle
Brief in Opposition (Do not use for Summary Judgment Motions)
BRIEF IN OPPOSITION re 15 MOTION to Dismiss Claims Against Defendant Stitely filed by Destiny Cruz. (Attachments: # 1 Memo, # 2 Proposed Order)(Grace, Ryan)
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