Harth v. Mississippi Department of Correction

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION KENNETH DWAYNE HARTH, SR. PLAINTIFF v. No. 4:20CV47-RP MISSISSIPPI DEPARTMENT OF CORRECTIONS DEFENDANTS ORDER DENYING PLAINTIFF’S MOTION [17] FOR A TRANSCRIPT OF THE SPEARS HEARING This matter comes before the court on the motion by the pro se prisoner plaintiff for a transcript (at government expense) of his hearing held under Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985). Under 28 U.S.C. § 1915(c), which governs in forma pauperis proceeding such as this one, “the court may direct payment by the United States of the expenses of . . . preparing a transcript of proceedings before a United States magistrate judge . . . if such transcript is required by the district court.” In this case, the district court does not require the Spears hearing recording to be transcribed, nor is there any upcoming proceeding in this court in which the plaintiff may make use of the hearing transcript. Therefore, the plaintiff’s request [17] for a transcript of the Spears hearing at government expense is DENIED.

SO ORDERED, this, the 23rd day of March, 2021.

/s/ Roy Percy UNITED STATES MAGISTRATE JUDGE