Armstrong v. Hedgpeth, et al.

Filing 45

ORDER RESPONDING to Plaintiff's 41 Motion for Status; ORDER DENYING Request for Copies signed by Magistrate Judge Gary S. Austin on 12/6/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRADY K. ARMSTRONG,

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1:11-cv-00761-LJO-GSA-PC
ORDER RESPONDING TO PLAINTIFF’S
MOTION FOR STATUS
(Doc. 41.)

Plaintiff,
vs.

ORDER DENYING REQUEST FOR
COPIES

A. HEDGPETH, et al.,
Defendants.

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Brady K. Armstrong (APlaintiff@) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint

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commencing this action on May 11, 2011.

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dismissed the Complaint for failure to state a claim, with leave to amend. (Doc. 23.) On

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November 20, 2013, Plaintiff filed the First Amended Complaint. (Doc. 43.)

(Doc. 1.)

On February 15, 2013, the court

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On October 10, 2013, Plaintiff filed a motion requesting the status of his case. (Doc.

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41. Plaintiff notifies the court that he submitted a new complaint to the court in September

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2013, but did not receive a conformed copy back. Plaintiff also notifies the court that he did

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not receive copies of other documents, even when he submitted a self-addressed, stamped

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envelope. Plaintiff expresses concern that his ingoing and outgoing mail at the prison is being

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tampered with. Plaintiff requests the court to send him copies of “all” of Plaintiff’s court

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filings within the past 60 days.
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The court’s order of November 20, 2013 resolves the matter of Plaintiff’s new

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As explained in the court’s order,

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complaint submitted in September 2013.

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Plaintiff’s new complaint was erroneously filed in the present action, and has now been

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removed from this action and opened as a new case. The Clerk’s Office will provide Plaintiff

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with notice of his new case number. Therefore, this matter is resolved.

(Doc. 42.)

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With respect to Plaintiff’s request for copies of his case documents, Plaintiff is advised

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that the Clerk does not ordinarily provide free copies of case documents to parties. Plaintiff

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complains that the Clerk did not send him copies of his documents when they were filed. The

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Clerk would not have returned conformed copies to Plaintiff unless he submitted two copies of

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each document and a large enough self-addressed envelope with sufficient postage to mail back

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a conformed copy. The Clerk charges $.50 per page for copies of documents. See 28 U.S.C. '

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1914(a). Copies of up to twenty pages may be made by the Clerk's Office at this Court upon

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written request and prepayment of the copy fees. The fact that the Court has granted leave for

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

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the Court. To request copies of documents at this juncture, Plaintiff must submit a request in

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writing to the Clerk specifying the case number(s) and document(s) requested, a large self-

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addressed envelope affixed with sufficient postage, and prepayment of copy costs to the Clerk.

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Plaintiff is advised that in the future, he should keep a copy of any document he submits to the

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Court. Accordingly, Plaintiff’s request for copies shall be denied.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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Plaintiff’s motion requesting case status is RESOLVED; and

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2.

Plaintiff’s request for free copies is DENIED.

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IT IS SO ORDERED.
Dated:

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December 6, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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