Armstrong v. Hedgpeth, et al.

Filing 31

ORDER denying 28 Motion request for free copies signed by Magistrate Judge Gary S. Austin on 6/11/2013. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRADY K. ARMSTRONG, 12 13 14 15 1:11-cv-00761-LJO-GSA-PC Plaintiff, ORDER DENYING REQUEST FOR FREE COPIES (Doc. 28.) vs. A. HEDGPETH, et al., Defendants. 16 17 Brady K. Armstrong (APlaintiff@) is a state prisoner proceeding pro se and in forma 18 pauperis with this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint 19 commencing this action on May 11, 2011. (Doc. 1.) 20 On May 24, 2013, Plaintiff filed a motion for extension of time to file an amended 21 complaint pursuant to the court’s order of February 15, 2013, together with a request for the 22 Clerk to send him a free copy of his motion for extension of time. (Docs. 28, 29.) Plaintiff 23 argues that he requires a free copy of his motion because the copy machine at the prison is out 24 of ink, and his deadline to file the amended complaint is May 26, 2013. 25 The Clerk does not ordinarily provide free copies of documents to parties. The Clerk See 28 U.S.C. ' 1914(a). Copies up to 20 26 charges $.50 per page for copies of documents. 27 pages may be made by the Clerk's Office at this Court upon written request and prepayment of 28 the copy fees. The fact that the Court has granted leave for Plaintiff to proceed in forma 1 1 pauperis does not entitle him to free copies of documents from the Court. Under 28 U.S.C. ' 2 2250, the Clerk is not required to furnish copies without cost to an indigent petitioner except by 3 order of the judge. 4 Plaintiff has not shown good cause for the court to order the Clerk to send him copies of 5 his motion without prepayment of costs. Plaintiff’s motion for extension of time was granted 6 on May 31, 2013, and a copy of the court’s order was served upon Plaintiff, giving him ample 7 notice that the motion was filed and resolved. Therefore, IT IS HEREBY ORDERED that Plaintiff’s request for free copies is 8 9 DENIED. 10 11 12 13 IT IS SO ORDERED. Dated: 14 15 16 June 11, 2013 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 6i0kij8d 17 18 19 20 21 22 23 24 25 26 27 28 2

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