History
  • No items yet
midpage
Mascorro v. The City of San Diego
3:21-cv-01427
| S.D. Cal. | Feb 7, 2025
Read the full case

Background

  • 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.)
Read the full case

Case Details

Case Name: Mascorro v. The City of San Diego
Court Name: District Court, S.D. California
Date Published: Feb 7, 2025
Docket Number: 3:21-cv-01427
Court Abbreviation: S.D. Cal.