Mascorro v. The City of San Diego
3:21-cv-01427
| S.D. Cal. | Feb 7, 2025Background
- Plaintiff Eloy Mascorro, proceeding in forma pauperis (IFP), appealed the District Court’s orders granting defendants’ summary judgment motion, denying his motion for reconsideration, and dismissing the Doe defendants.
- Mascorro requested government-paid transcripts for five hearings (two settlement, two discovery, and one status conference) in connection with his appeals.
- Plaintiff argued that his IFP status and court requirements justified government payment for these transcripts.
- The requested hearings were not directly related to the summary judgment order being appealed, and some (settlement conferences) were not recorded at all.
- The court had not received details from Mascorro explaining how these transcripts were necessary for his appeal.
- The District Court denied the request for transcript costs at government expense, allowing Mascorro to renew the motion or seek relief in the Ninth Circuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Government-paid transcripts | IFP status and appellate court requirement | Not detailed in the order | Denied; insufficient showing of transcript necessity |
| Necessity of transcripts | Needed for appeal of summary judgment | Not detailed in the order | Denied; hearings not shown as relevant to appeal |
| Content of Plaintiff's motion | IFP status, financial hardship | Not detailed in the order | Denied; motion lacks specifics tying transcripts to appeal issues |
| Availability of transcripts | All requested hearing transcripts should be provided | Not detailed in the order | Some hearings were not recorded, so no transcripts exist |
Key Cases Cited
- McKinney v. Anderson, 924 F.2d 1500 (9th Cir. 1991) (An IFP litigant must show that a transcript is necessary and the appeal is non-frivolous for government payment.)
