Dews v. Superior Court of State of California

Filing 21

ORDER DENYING 19 and 20 Motions for Copy of Documents, signed by Magistrate Judge Barbara A. McAuliffe on 08/03/2012. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CLARENCE LEON DEWS,

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1:11-cv-02050-BAM (HC)

Petitioner,

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ORDER DENYING PETITIONER’S MOTIONS
FOR COPY OF DOCUMENTS

v.
[Docs. 19 & 20]

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SUPERIOR COURT OF STATE OF
CALIFORNIA,

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Respondent.
/

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On February 10, 2012, the instant petition for writ of habeas corpus filed pursuant to 28

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U.S.C. § 2254 was dismissed for failure to state a cognizable constitutional claim. The Court

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sent Petitioner the standard form to proceed with an action pursuant to 42 U.S.C. § 1983.

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On February 21 and February 24, 2012, Petitioner filed motions requesting the Clerk of
Court to return and/or copy certain documents filed in this action.

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Although Petitioner was granted in forma pauperis status in this action, he is not

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ordinarily entitled to free copies of documents. Under 28 U.S.C. § 2250, the clerk is not entitled

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required to furnish copies without cost to an indigent petitioner except by order of the judge.

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Petitioner requests a blanket request for copies of all documents submitted to this Court, which is

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not sufficient to make a determination of necessity. If Petitioner desires copies of certain

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documents, the Clerk of Court charges $.50 per page for copies of documents, plus $11.00 per

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document for certification. See 28 U.S.C. § 1914(a).

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Based on the foregoing, Petitioner’s motions for copies of documents filed in this action
is DENIED.
IT IS SO ORDERED.
Dated:
10c20k

August 3, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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