Calloway v. Veal et al

Filing 70

ORDER Denying 69 Motion for Free Copies; ORDER Granting Plaintiff's leave to File Opposition without Proof of Service signed by Magistrate Judge Gary S. Austin on 05/21/2012. (Flores, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JASIMI JERMAINE CALLOWAY,

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Plaintiff,
vs.
WARDEN M. VEAL, et al.,

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Defendants.

1:08-cv-01896-LJO-GSA-PC
ORDER DENYING MOTION FOR
FREE COPIES
(Doc. 69.)
ORDER GRANTING PLAINTIFF LEAVE
TO FILE OPPOSITION WITHOUT
PROOF OF SERVICE

_____________________________/
Jasimi Jermaine Calloway (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on

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December 10, 2008. (Doc. 1.) This action now proceeds on the Third Amended Complaint filed on

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October 5, 2009, on Plaintiff’s Eighth Amendment claims, against defendant Dr. Wang for deliberate

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indifference to Plaintiff’s serious medical needs, and against defendants C/O Hayward and C/O Oaks

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for use of excessive force.1 (Doc. 20.) Plaintiff is presently incarcerated at Kern Valley State Prison

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(“KVSP”) in Delano, California. On May 18, 2012, Plaintiff filed a motion for the court to provide

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him with copies of his opposition to Defendants’ motion for summary judgment, and to serve copies

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of the opposition on Defendants and Plaintiff. (Doc. 69.)

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On March 17, 2011, the Court dismissed all other claims and defendants from this action, under Rule 18(a) or for
Plaintiff’s failure to state a claim. (Doc. 24.)

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Plaintiff asserts that he needs copies of his opposition from the Court because the copy

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machine at KVSP’s law library does not make legible copies, and the prison has not replaced the

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broken machine for over four months. Plaintiff requests that the court assist him with service by

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serving a copy of his opposition on Defendants, and he also requests a copy for his own records.

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Plaintiff is advised that the Clerk does not ordinarily provide free copies of case documents

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to parties. The Clerk does not ordinarily return a conformed copy of a document submitted for filing

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unless the sender submits two copies of the document and a large enough self-addressed envelope

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with sufficient postage to mail back a conformed copy. The Clerk charges $.50 per page for copies

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of documents. See 28 U.S.C. § 1914(a). Copies of up to twenty pages may be made by the Clerk's

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Office at this Court upon written request and prepayment of the copy fees.2 The fact that the Court

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has granted leave for Plaintiff to proceed in forma pauperis does not entitled him to free copies of

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

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without cost to an indigent petitioner except by order of the judge. Plaintiff’s request for free copies

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shall be denied.

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However, to enable Plaintiff to file and serve his opposition, Plaintiff shall be granted leave,

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in this one instance and for this limited purpose, to submit his opposition to the Court without a

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proof of service. Upon receipt of Plaintiff's opposition, the Court shall electronically serve a copy of

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the opposition upon the Defendants. Such service upon Defendants shall suffice. L. R. 135(g)(1);

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Fed. R. Civ. P. 5(b)(2)(E). Plaintiff should send his opposition to the Court for filing before the

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deadline established in the Court’s May 17, 2012 order. After the opposition is filed, Plaintiff can

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then submit a request for a copy in writing to the Clerk, a large self-addressed envelope affixed with

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sufficient postage, and prepayment of copy costs to the Clerk.

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff's motion for the Clerk to provide him with free copies is DENIED; and

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For larger copy orders, contact Attorney’s Diversified Service (ADS) by writing to them at 741 N. Fulton
Street, Fresno, CA 93728, by phoning 1-800/842-2695, by Faxing a request to 559/486-4119, or by leaving a voice
mail at 559/259-8544.

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Plaintiff is GRANTED leave, in this one instance and for this limited purpose, to

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submit his opposition to Defendants' motion for summary judgment to the Court for

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filing without a proof of service.

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IT IS SO ORDERED.

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Dated:
6i0kij

May 21, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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