Jacobs v. Woodford et al

Filing 83

ORDER DENYING 82 Request for the Court to Provide Plaintiff the Ninth Circuit Jury Instructions, signed by Magistrate Judge Jennifer L. Thurston on 01/02/2012. (Martin-Gill, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE E. JACOBS, IV,

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Plaintiff,

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JEANNE WOODFORD, et al.,

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ORDER DENYING REQUEST FOR THE
COURT TO PROVIDE PLAINTIFF THE
NINTH CIRCUIT JURY INSTRUCTIONS

v.

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Case No. 1:08-cv-00369 JLT (PC)

Defendants.

(Doc. 82)

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action pursuant to 42 U.S.C. § 1983. Before the Court is Plaintiff’s motion for the Court to

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provide him a copy of the Ninth Circuit Model Jury Instructions. (Doc. 82) In support of this

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motion, Plaintiff asserts that he does not have access to the model instructions. However, despite

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this, the Court has neither the financial resources nor the obligation to provide copies of this two-

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volume set.

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Notably, the Court excused Plaintiff from the obligation to provide proposed jury

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instructions and allowed that he could file them only if he wished. (Doc. 68 at 13) Thus, the

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failure of the institution to maintain these model instructions does not impact Plaintiff’s access to

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the Court. In any event, Plaintiff will be permitted to rely upon the CACI Jury Instructions—

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which his institution does maintain--if he wishes to file proposed instruction.
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ORDER
Based upon the foregoing, Plaintiff’s request that the Court provide him copies of the

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Ninth Circuit Model Jury Instructions is DENIED.

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IT IS SO ORDERED.
Dated:

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January 2, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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