Shepard v. Cohen et al

Filing 77

ORDER Granting Plaintiff's 75 Motion to Withdraw; ORDER Withdrawing Plaintiff's Opposition to Defendants' Cross-Motion for Summary Judgment; ORDER Granting Extension of Time to File Amended Opposition to Defendants' Cross-Moti on; ORDER Addressing Plaintiff's Motion to Conduct Discovery and Request for Court Assistance; ORDER for Clerk to Send Dockt Sheet to Plaintiff signed by Magistrate Judge Gary S. Austin on 05/16/2015. Amended Opposition due by 6/30/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAMONT SHEPARD,

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Plaintiff,

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vs.

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COHEN, et al.,

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Defendants.

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ORDER WITHDRAWING PLAINTIFF’S
OPPOSITION TO DEFENDANTS’ CROSSMOTION FOR SUMMARY JUDGMENT
(Doc. 68.)

ORDER ADDRESSING PLAINTIFF’S
MOTION TO CONDUCT DISCOVERY AND
REQUEST FOR COURT ASSISTANCE

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ORDER FOR CLERK TO SEND DOCKET
SHEET TO PLAINTIFF

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DEADLINE TO FILE AMENDED
OPPOSITION: June 30, 2015

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ORDER GRANTING PLAINTIFF’S MOTION
TO WITHDRAW
(Doc. 75.)

ORDER GRANTING EXTENSION OF TIME
TO FILE AMENDED OPPOSITION TO
DEFENDANTS’ CROSS-MOTION

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1:11-cv-00535-LJO-GSA-PC

I.

BACKGROUND
Lamont Shepard (APlaintiff@) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. ' 1983.

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commencing this action on March 30, 2011. (Doc. 1.) This action now proceeds on the

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Second Amended Complaint filed on May 19, 2014, against defendants Dr. Cohen, Sergeant J.
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Plaintiff filed the Complaint

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Lopez, Correctional Officer (C/O) Z. Dean, C/O J. Campbell, and Vera Brown (LVN) on

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Plaintiff's due process claim, and against defendants Dr. Cohen, Sergeant J. Lopez, C/O Z.

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Dean, and C/O J. Campbell on Plaintiff's excessive force claim.1 (Doc. 41.)

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On October 14, 2014, Plaintiff filed a motion for summary judgment. (Doc. 60.) On

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December 8, 2014, defendants Lopez, Dean, Campbell, and Brown (“Defendants”) filed an

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opposition to Plaintiff’s motion for summary judgment, and a cross-motion for summary

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judgment. (Doc. 67.) On December 29, 2014, Plaintiff filed a reply to Defendants’ opposition,

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and an opposition to Defendants’ cross-motion. (Doc. 68.)

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On February 25, 2015, the court issued an order permitting Plaintiff to withdraw his

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opposition to Defendants’ cross-motion and file an amended opposition within thirty days, in

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light of the court’s issuance to Plaintiff of a Rand2 Summary Judgment Notice and Warning.

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(Doc. 71.) On March 25, 2015, Plaintiff filed a motion to withdraw his opposition, a motion

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for extension of time to file an amended opposition, a motion to conduct discovery against

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defendant Brown, and a request for court assistance. (Doc. 75.)
Plaintiff’s motion to withdraw, motion for extension of time, motion to conduct

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discovery, and request for court assistance are now before the court.

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II.

MOTION TO WITHDRAW OPPOSITION

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In light of the court’s order of March 25, 2015, which permitted Plaintiff to withdraw

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his opposition to Defendants’ cross-motion for summary judgment and file an amended

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opposition, Plaintiff’s motion to withdraw is granted, and Plaintiff’s opposition, filed on

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December 29, 2014, shall be withdrawn.

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III.

MOTION FOR EXTENSION OF TIME

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Plaintiff requests an extension of time to file his amended opposition, because he has

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been placed in the administrative segregation unit. Good cause appearing, Plaintiff shall be

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granted an extension of time until June 30, 2015, in which to file an amended opposition to

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Service of process upon defendant Dr. Cohen by the United States Marshal is pending.

Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998) (en banc).
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Defendants’ cross-motion for summary judgment of December 8, 2014. If Plaintiff requires

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additional time, he should file a motion before the expiration of the existing deadline.

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IV.

MOTION TO CONDUCT DISCOVERY

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Plaintiff has filed a motion to conduct discovery against defendant Vera Brown.

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Plaintiff’s motion is moot, because Plaintiff is already permitted to conduct discovery against

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defendant Brown. The court’s Second Discovery and Scheduling Order issued on December 5,

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2014, opened discovery in this action against defendant Vera Brown until August 30, 2015.

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Thus, Plaintiff is permitted to conduct discovery against defendant Brown pursuant to the

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court’s order.

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V.

PLAINTIFF’S REQUEST FOR COURT ASSISTANCE

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Plaintiff makes a vague request to the court for “helps (sic) of filing this Amended

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opposition,” followed by a three-part list: “(1) Plaintiff’s Summary Judgment Dated October

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14, 2014; (2) Defendants’ Opposition to said Summary Judgment and Cross-motion for

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Summary Judgment; and (3) All declarations, depositions, answers to interrogatories or

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authenticated documents.”

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documents from the court, Plaintiff is advised that the Clerk does not ordinarily provide free

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copies of case documents to parties. The Clerk charges $.50 per page for copies of documents.

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

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this Court upon written request, prepayment of the copy fees, and submission of a large self-

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addressed envelope affixed with sufficient postage. The fact that the Court has granted leave

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for Plaintiff to proceed in forma pauperis does not entitle him to free copies of documents from

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the Court. Under 28 U.S.C. § 2250, the Clerk is not required to furnish copies without cost to

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an indigent petitioner except by order of the judge. Plaintiff has not shown good cause for the

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court to send him free copies of the listed documents.

(Doc. 75 ¶III.)

To the extent that Plaintiff seeks copies of

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Plaintiff’s motion for summary judgment, Document #60, filed on October 14, 2014, is

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twenty-seven pages long, and Defendants’ opposition and cross-motion, Document #67, filed

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on December 12, 2014, is sixty pages long. The court’s record does not ordinarily contain

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copies of the parties’ discovery requests, responses, or depositions, unless they are at issue.

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Plaintiff shall be sent a copy of the docket sheet for this case for his review.

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VI.

CONCLUSION

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Based on the foregoing, it is HEREBY ORDERED that:

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1.

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summary judgment is GRANTED;
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Plaintiff’s opposition to Defendants’ cross motion, filed on December 29, 2014,
is WITHDRAWN from the court’s record;

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Plaintiff’s motion to withdraw his opposition to Defendants’ cross-motion for

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Plaintiff is GRANTED an extension of time until June 30, 2015, in which to file

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an amended opposition to Defendants’ cross-motion for summary judgment of

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December 8, 2014; and

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4.

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The Clerk of Court is directed to SEND Plaintiff a copy of the court’s docket
sheet for this case.

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IT IS SO ORDERED.
Dated:

May 16, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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