McGlothin v. Harrington et al

Filing 32

ORDER Denying 30 Plaintiff's Motion for Copy of Returned Check, signed by Magistrate Judge Gerald B. Cohn on 1/17/12. (Verduzco, M)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

MICHAEL JOHN MCGLOTHIN,

10
11

1:10-cv-00247-AWI-GBC (PC)

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
FOR COPY OF RETURNED CHECK

v.
Doc. 30

12

K. HARRINGTON, et al.,

13

Defendants.
/

14
15

On February 16, 2010, Plaintiff, a state prisoner proceeding pro se, filed this civil rights action

16

pursuant to 42 U.S.C. § 1983. On August 22, 2011, the Court ordered Plaintiff to effectuate service

17

within forty-five days. Doc. 25. On September 7, 2011, Plaintiff requested to have the United States

18

Marshal effectuate service. Doc. 26. On September 20, 2011, the Court granted Plaintiff’s request and

19

directed Plaintiff to submit the service documents. Doc. 27. However, since Plaintiff is not proceeding

20

in forma pauperis, Plaintiff must submit a cashier’s check or money order made payable to the United

21

States Marshal in the amount of $32.00. On September 29, 2011, Plaintiff submitted the service

22

documents and a check for $32.00. The Clerk of the Court returned the check to Plaintiff with a copy

23

of the Court’s September 20, 2011 order, which required Plaintiff to submit a cashier’s check or money

24

order. On December 21, 2011, Plaintiff filed a motion for a copy of the returned check and a copy of the

25

Court’s September 20, 2011 order. On January 9, 2012, Plaintiff submitted a money order for $32.00.

26

In Plaintiff’s motion for a copy of his returned check, he states he did not receive a copy of the

27

Court’s order from September 20, 2011, which included the service documents for Plaintiff to complete.

28

However, since Plaintiff completed the service documents and submitted them to the Court with a check
Page 1 of 2

1

for $32.00 on September 29, 2011, it appears that Plaintiff did receive the order. In addition, the Clerk

2

of the Court served the September 20, 2011 order on Plaintiff, and it was not returned in the mail as

3

undeliverable. As to Plaintiff’s request for a copy of his returned check, the Clerk of the Court already

4

returned the check to Plaintiff. Moreover, since the Court ordered him to provide a cashier’s check or

5

money order, the Court will not expend its judicial resources to make a copy of a check that Plaintiff was

6

not supposed to send. Finally, Plaintiff has not expressed a compelling reason why he needs a copy of

7

his returned check.

8

Accordingly, it is HEREBY ORDERED that:

9

1.

Plaintiff’s motion for a copy of the returned check is DENIED; and

10

2.

The Court directs the Clerk of the Court to send another copy of the September 20, 2011

11

order, which Plaintiff alleges he did not receive.

12
13

IT IS SO ORDERED.

14
15

Dated:
0jh02o

January 17, 2012
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
Page 2 of 2