Jordan v. Chapnick et al

Filing 114

ORDER granting 88 Request that the Court's communication with Defendant Chapnick be served on Plaintiff signed by Magistrate Judge Michael J. Seng on 1/21/2012. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CASE NO. 1:07-cv-0202-MJS

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JAMES JORDAN,

ORDER GRANTING PLAINTIFF’S
REQUEST THAT THE COURT’S
COMMUNICATION WITH DEFENDANT
CHAPNICK BE SERVED ON PLAINTIFF

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Plaintiff,

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v.

(ECF No. 88)

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R. CHAPNICK, et al.

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Defendants.
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/

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Plaintiff James Jordan (“Plaintiff”) is a former state prisoner proceeding pro se and
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in forma pauperis. Plaintiff has filed this civil rights action seeking relief pursuant to 42
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U.S.C. § 1983. Plaintiff initiated this action on February 7, 2007. (Compl., ECF No. 1.)
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This action is currently scheduled for a jury trial on March 29, 2012. (ECF No. 95.)
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On May 31, 2011, Plaintiff filed a “Request for Acknowledgment Regarding the U.S.
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Court’s Clerk’s Office Communication with Defendant Chapnick on April 28, 2011.” (ECF
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No. 88.) Plaintiff was concerned because the Clerk’s Office had sent Defendant Chapnick
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an Order (ECF No. 86.) which Plaintiff, a pro se plaintiff, was unable to review because he
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did not have access to the Court’s electronic filing system. Although this Order simply
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directed Defendant to inform the Court whether he consented to jurisdiction by the
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Magistrate Judge, and it did not require any action by Plaintiff, Plaintiff’s concern about a
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unilateral communication from the Court is legitimate.
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Accordingly, Plaintiff’s Request is GRANTED and the Clerk’s Office is ORDERED

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to send Plaintiff a copy of the Order (ECF No. 86) sent to Defendant Chapnick.

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IT IS SO ORDERED.

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Dated:
ci4d6

January 21, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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