Ervin v. Merced Police Dept. et al

Filing 53

ORDER Directing the Clerk to Send a Copy of the Complaint to Plaintiff re 52 signed by Magistrate Judge Gary S. Austin on 12/18/2014. (Martinez, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELTON W. ERVIN,

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Plaintiff,
v.

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1:13-cv-00446 GSA
ORDER DIRECTING THE CLERK TO
SEND A COPY OF THE COMPLAINT TO
PLAINTIFF
(Doc. 52)

MERCED POLICE DEPARTMENT et al.,
Defendants.

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Plaintiff Elton Ervin filed a motion requesting a copy of the complaint he filed in the

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Merced County Superior Court to initiate this action, which was subsequently removed to this

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Court by Defendants. Doc. 52. The Court grants Plaintiff’s request in this instance, however

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Plaintiff is advised that the Clerk ordinarily does not provide free copies of case documents to

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parties. As noted in the First Informational Order issued on March 27, 2013, “[t]he court cannot
provide copy or mailing service for a party,” free of charge. (Doc. 3-2 at 2). Upon written

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request and prepayment of fees, copies of documents in the court file may be obtained from the
Clerk at the cost of $ 0.50 per page. See 28 U.S.C. ' 1914(c).

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In this instance, in light of Plaintiff’s explanation that his legal documents were misplaced

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by prison authorities when he was moved from one prison facility to another, the Court will make

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a one-time exception and direct the Clerk to provide a free copy of the complaint to Plaintiff.

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Accordingly, IT IS HEREBY ORDERED that:
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1.

Plaintiff's request for a copy of his complaint is GRANTED; and

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2.

The Clerk is DIRECTED to send Plaintiff a copy of the complaint and/or all the

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documents included in Defendants’ Notice of Removal filed on March 26, 2013. (Doc. 1).

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IT IS SO ORDERED.

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Dated:
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December 18, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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