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