Shepard v. Tilton et al

Filing 82

ORDER GRANTING Plaintiff's 78 Motion for Summary Judgment Copies; ORDER DIRECTING Clerk's Office to Provide Plaintiff a Copy of his Motion for Summary Judgment signed by Magistrate Judge Barbara A. McAuliffe on 2/14/2013. (Sant Agata, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LAMONT SHEPARD, 10 CASE NO. 1:10-cv-00023-BAM PC Plaintiff, 11 v. 12 ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT COPIES (ECF No. 78) R. PEREZ, et al., 13 ORDER DIRECTING CLERK’S OFFICE TO PROVIDE PLAINTIFF A COPY OF HIS MOTION FOR SUMMARY JUDGMENT Defendants. / 14 15 Plaintiff Lamont Shepard (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on 17 Plaintiff’s complaint against Defendants L.A. Martinez, R. Perez, P. Garcia, J. Soto, E. De la Cruz 18 and A Trevino for excessive force in violation of the Eighth Amendment. A telephonic trial 19 confirmation hearing is set for March 15, 2013, and a jury trial is set for May 6, 2013. 20 On February 8, 2013, Plaintiff filed the instant motion requesting copies of his summary 21 judgment motion to prepare for the upcoming proceedings. Plaintiff is advised that it is his 22 responsibility to keep copies of any documents that he submits to the court and that he needs to take 23 whatever steps necessary, whether it be hand copying the pleadings or planning ahead to allow 24 himself enough time to obtain copies prior to submitting any pleadings. If Plaintiff needs additional 25 time to obtain copies of his pleadings or exhibits, then he needs to file a motion for extension of time 26 prior to the deadline provided by the court. 27 Generally, the Clerk’s Office will provide copies for Plaintiff at a cost of $0.50 per page. The 28 court will make an exception in this instance and will direct the Clerk’s Office to provide a copy of 1 1 Plaintiff’s summary judgment motion and corresponding exhibits filed on February 9, 2012. (ECF 2 Nos. 37, 43.) However, Plaintiff is advised that he will be required to pay for any further copies. 3 Accordingly, IT IS HEREBY ORDERED as follows: 4 1. 5 6 and 2. 7 8 9 Plaintiff’s motion requesting copies of his summary judgment motion is GRANTED; The Clerk’s Office is DIRECTED to mail Plaintiff a copy of his motion for summary judgment and corresponding exhibits filed on February 9, 2012. IT IS SO ORDERED. Dated: 10c20k February 14, 2013 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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