Gunn v. Tilton et al

Filing 80

ORDER DENYING 79 Motion for Copies signed by Magistrate Judge Gerald B. Cohn on 1/9/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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KEVIN GUNN,

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Plaintiff,

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CASE NO. 1:08-cv-01038-LJO-GBC (PC)
ORDER DENYING MOTION FOR COPIES

v.

(Doc. 79)

JAMES TILTON, et al.,

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Defendants.
/

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Plaintiff Kevin Gunn (“Plaintiff”) is a state prisoner proceeding in forma pauperis (“IFP”)

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in this civil rights action pursuant to 42 U.S.C. § 1983. On December 13, 2011, Plaintiff filed a

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motion requesting a copy of his lodged second amended complaint filed December 24, 2009. Doc.

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79. Plaintiff asserts that he mailed the original copy of the proposed second amended complaint “for

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the sole purpose of returning a confirmed copy . . . of (Doc. 29).” Doc. 79. Plaintiff asserts that he

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is entitled to a copy of the document and argues that the clerk’s office erroneously informed Plaintiff

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that he needed to submit $10.00 to cover the cost of copying the lodged second amended complaint.

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Doc. 79. On July 23, 2008, the Court sent an informational order which stated:

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You are not required to send this court copies of your documents submitted for filing.
Local Rule 5-133(d)(2)(modified). If the filing party wishes the court to return a
file-stamped copy, he or she must include one copy for that purpose AND a
pre-addressed postage paid envelope. The court cannot provide copies or mailing
service for a party, even for an indigent plaintiff proceeding in forma pauperis.

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Doc. 3 at 2.

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Plaintiff is not entitled to a free copy of the second amended complaint and the burden is on

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the Plaintiff to ensure that he maintains copies of all his court related documents. Based on the

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foregoing, the Court HEREBY DENIES Plaintiff’s motion filed on December 13, 2011. Doc 79.

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IT IS SO ORDERED.

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Dated:
0jh02o

January 9, 2012
UNITED STATES MAGISTRATE JUDGE

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