Zbylut v. Red Star Marine Services, Inc.
Zbylut v. Red Star Marine Services, Inc.
Opinion of the Court
OPINION
This case came on for trial before us in October, 1977 when plaintiff, a seaman in
By the instant motion, plaintiff seeks to secure at government expense the complete transcript of the entire trial. To support his application, plaintiff once again relies on the Affidavit of Indigency which he submitted to this court and upon which we allowed him to file his notice of appeal in forma pauperis. For the reasons discussed herein, we grant plaintiff’s motion in part, denying to him that portion of his request which we find to be excessive and without merit.
To be entitled to a free transcript of an entire trial proceeding, which frequently may involve considerable and burdensome expense to the government, is it sufficient to allege merely that the movant is unable to pay filing fees as set forth in a motion for leave to appeal in forma pauperis? Under Rule 24, Federal Rules of Appellate Procedure, a party to an action in a District Court may file a motion for leave to appeal in forma pauperis upon a showing by affidavit of “his inability to pay fees and costs or to give security therefor, his belief that he is entitled to redress, and a statement of the issues which he intends to present on appeal.” Pursuant to 28 U.S.C. Section 1915(b) a movant may by filing a “like affidavit” seek to have the government bear the expense of printing the record on appeal.
At the outset we repeat we find no fault with plaintiff’s assertions as to indigency. They have been recorded on the forms furnished by the clerk’s office for such applications. For the present, we hold that on that phase of the total application plaintiff meets the test, although we emphasize parenthetically our firm and definite belief that exactness would require supporting proof of some of the allegations he makes with respect to indigency (for example, a line or two from the bank with which he deals supporting his claim that his present bank balance is minimal).
It is our moral obligation, complete and imperative, to help every indigent litigant— only, however, where the court is satisfied by compelling proof (even asserted in limping fashion) that the total application warrants the relief sought.
Upon a review of the provisions cited above, we do not believe that a petitioner is entitled to what might be a very expensive transcript only upon the same showing on which a court may grant him leave to commence an appeal without the payment of filing fees (which usually amount to $50). An indigent is in a different position from a litigant who proceeds on appeal in normal course, because the indigent must provide, in addition to satisfactory proof of indigency, a statement of errors he claims were committed at trial. Compare Rule 3(c) with Rule 24(a), Federal Rules of Appellate Procedure. It cannot be that general assertions, without specifics, automatically entitle the applicant to the relief he seeks, for we believe that while a person may not be able to pay filing fees it does not follow that he should be entitled to a complete and costly trial record without a much more substantial showing. We are aware that it is not to be expected that an indigent person must allege issues on appeal with that specificity which is demanded of a lawyer. That, however, does not remove the essential ingredient that, even in halting fashion and with limitations of expression, the applicant for a transcript must assert the trial errors he claims were committed.
We have reexamined the entire trial record and have found nothing which we consider reversible error. Nevertheless, we have decided to give the movant certain portions of the total trial record despite the overgeneralized nature of the allegations which he presents. It may very well be that by so doing we are over-indulgent. He asks for a “Transcript of the Entire Record” and then asserts he has been prejudiced by the “Judge’s Charge to the Jury.” Very well, we will let him have the entire charge by the court to the jury. He then requests “All of the Plaintiffs [sic] requests to charge.” In the same spirit, we will let him have all of plaintiff’s requests to charge and the rulings of the court with respect thereto.
The balance of his alleged grievance, to wit, “and other errors which maybe [sic] revealed,” points to nothing in particular, and so we are compelled to disregard it.
Accordingly, we direct that there be issued to the movant such portions of the total trial transcript hereinabove indicated.
SO ORDERED.
Reference
- Full Case Name
- Alex ZBYLUT v. RED STAR MARINE SERVICES, INC.
- Cited By
- 1 case
- Status
- Published