Uriostegui v. Foulk

Filing 18

ORDER DENYING Petitioner's 11 & 12 Motions for Copies, signed by Magistrate Judge Sheila K. Oberto on 7/3/2013. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 DANIEL URIOSTEGUI,

Case No. 1:13-cv-00134-SKO-HC

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ORDER DENYING PETITIONER’S MOTIONS
FOR COPIES (DOCS. 11 & 12)

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Petitioner,
v.

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F. FOULK,
Respondent.

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Petitioner is a state prisoner proceeding pro se and in forma
pauperis with a petition for writ of habeas corpus pursuant to 28
U.S.C. § 2254.

Pursuant to 28 U.S.C. 636(c)(1), Petitioner has

consented to the jurisdiction of the United States Magistrate Judge
to conduct all further proceedings in the case, including the entry
of final judgment, by manifesting consent in writing signed by the
Petitioner on February 8 and 13, 2013.

Respondent has not yet

appeared in the action or answered the petition.
Pending before the Court are two motions filed by Petitioner on
May 10, 2013, in which Petitioner requests copies of a document
previously filed in this action, namely, Petitioner’s response to an

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1 order to show cause why the petition should not be dismissed for
2 Petitioner’s failure to exhaust state court remedies which had
3 issued from this Court on February 22, 2013.
Petitioner’s response to the order to show cause was filed on

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5 March 22, 2013, and the Court subsequently discharged the order to
6 show cause on May 21, 2013, and directed the Respondent to file a
7 response to the petition.
Petitioner states that at the time he mailed his “motion to

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9 show cause,” which the Court understands to be a reference to his
10 response to the order to show cause, he could not afford to mail an
11 additional copy and self-addressed stamped envelope for the Court to
12 stamp as received and to return to Petitioner for his file.

He

13 states that he is now sending to the Court a face page of the motion
14 for the Court to stamp.
15 forwarded.

However, no face page appears to have been

Petitioner is thus asking for the Court to send to

16 Petitioner a copy of the file-stamped motion or face page free of
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The Court does not provide free copies of documents to the

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19 parties, although the Clerk’s Office will copy documents up to
20 twenty pages in length at a charge of $.50 per page.

Accordingly,

21 Petitioner’s motions for copies of his response to the order to show
22 cause are DENIED.
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25 IT IS SO ORDERED.
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Dated:

July 3, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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