Henderson v. Smith et al

Filing 5

ORDER Denying 3 Motion to Exceed Brief Limit as Moot, signed by Magistrate Judge Gary S. Austin on 3/1/13. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CURTIS LEE HENDERSON, SR.,

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Plaintiff,
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vs.
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DR. SMITH, et al.,
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Defendants.
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____________________________________)

1:13-cv-00287-GSA-PC
ORDER DENYING MOTION TO
EXCEED BRIEF LIMIT AS MOOT
(Doc. 3.)

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Curtis Lee Henderson, Sr. ("Plaintiff") is a state prisoner proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on February

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27, 2013, together with a Motion to Exceed Brief Limit. (Doc. 13.)

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Plaintiff requests leave to exceed brief limits because he lacks adequate access to the prison law

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library and is unable to obtain court forms. Plaintiff asserts, however, that his handwritten Complaint

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contains all of the information required.

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Plaintiff has not specified the particular limit he seeks leave to exceed. It appears to the Court

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that Plaintiff seeks the Court's approval of the format of the Complaint he filed in this action, which is

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handwritten and was not submitted on a court form. Plaintiff is advised that he is not required to use

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a particular court form for the Complaint, and there is no rule against submitting a handwritten document

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to the Court. Therefore, Plaintiff's motion shall be denied as moot.

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Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff's Motion to Exceed Brief
Limit, filed on February 27, 2013, is DENIED as moot.

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IT IS SO ORDERED.

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Dated:
6i0kij

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March 1, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE