Yablonsky v. California Department of Correction & Rehabilitation

9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA John Henry YABLONSKY, Case No.: 18-cv-1122-AGS 12 Plaintiff, ORDER DENYING REQUEST TO WAIVE DEPOSITION FEES AND v. COSTS (ECF 95) CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, et al., 17 Defendants.

19 Plaintiff’s request to waive deposition fees and costs, including transcription costs, is denied. Prisoners proceeding pro se and in forma pauperis under 28 U.S.C. § 1915 may use any discovery method set forth in the Federal Rules of Civil Procedure. However, 28 U.S.C. § 1915 “does not extend to the cost of taking and transcribing a deposition.”

23 Starkey v. Hernandez, No. 317CV01158JLSKSC, 2018 WL 2441554, at *1 (S.D. Cal. May 31, 2018) (citation omitted); see also Arellano v. Hodge, No. 14-CV-590 JLS (JLB), 2018 25 WL 637854, at *3 (S.D. Cal. Jan. 30, 2018) (“§ 1915 does not authorize or require federal courts to finance or subsidize a civil action by paying fees or other costs associated with the litigation.”). Therefore, plaintiff “must bear the costs of recording the . . . deposition as || well as transcribing the deposition.” Golez v. Potter, No. 09-CV-965 AJB WMC, 2011 WL 2 ||3021045, at *1 (S.D. Cal. July 21, 2011).

3 Dated: January 25, 2021 5 Hon. Andrew G. Schopler United States Magistrate Judge 1]