Rosenblum v. Ellis, et al

Filing 90

ORDER Granting Motion to Extend Time to File Response to Interrogatories, and Denying Request for Copies 89 ; ORDER for Clerk to Send Docket Sheet to Plaintiff, signed by Magistrate Judge Gary S. Austin on 6/30/11. 30-Day Deadline for Plaintiff to Respond to Interrogatories. (Verduzco, M)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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PHILLIP JON ROSENBLUM,

1:05-cv-01473 LJO GSA (PC)

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ORDER GRANTING MOTION TO
EXTEND TIME TO FILE RESPONSE TO
INTERROGATORIES, AND DENYING
REQUEST FOR COPIES
(Motion#89)

Plaintiff,
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vs.
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C/O ELLIS, et al.,
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ORDER FOR CLERK TO SEND DOCKET
SHEET TO PLAINTIFF
Defendants.
30-DAY DEADLINE FOR PLAINTIFF TO
RESPOND TO INTERROGATORIES

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________________________________/
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Plaintiff is a former prisoner proceeding pro se in a civil rights action pursuant to 42

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U.S.C. § 1983. On June 23, 2011, Plaintiff filed a motion for an extension of time to respond

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to defendants’ interrogatories. Good cause appearing, the motion shall be granted.

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Plaintiff also requests copies of the “amended pleadings” in his case, to assist him in

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responding to the interrogatories. (Motion at 2.) Plaintiff is advised that the Clerk does not

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ordinarily provide free copies of documents to parties. The Clerk charges $.50 per page for

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copies of documents. See 28 U.S.C. § 1914(a). Copies up to 20 pages may be made by the

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Clerk's Office at this Court upon written request and prepayment of the copy fees. The fact that

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the Court has granted leave for Plaintiff to proceed in forma pauperis does not entitle him to

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free copies of documents from the Court. Under 28 U.S.C. § 2250, the Clerk is not required to

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furnish copies without cost to an indigent petitioner except by order of the judge. Moreover,

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before the Clerk can respond to Plaintiff’s request for copies, Plaintiff must identify which

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pleadings from the Court’s record he is requesting. To assist Plaintiff, the Court will direct the

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Clerk to send Plaintiff a copy of the docket sheet for his case.

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Plaintiff has not explained why he requires copies of pleadings to respond to

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interrogatories, or why he cannot make a request for copies directly to the Clerk and submit

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prepayment. Should Plaintiff seek to file a request for free copies pursuant to a court order, he

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must provide this information. For these reasons, Plaintiff’s request for copies shall be denied

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without prejudice.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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Plaintiff is GRANTED thirty (30) days from the date of service of this order in
which to respond to defendants’ interrogatories;

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2.

Plaintiff’s request for copies is DENIED without prejudice; and

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3.

The Clerk is directed to send Plaintiff a copy of the docket sheet for this action.

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IT IS SO ORDERED.
Dated:
220hhe

June 30, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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