Young v. Martinez et al

Filing 20

ORDER granting 19 Motion for copy of ECF 6 signed by Magistrate Judge Michael J. Seng on 8/20/2014. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDDIE YOUNG,

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Plaintiff,

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CASE NO. 1:13-cv-0817-AWI-MJS (PC)
ORDER GRANTING PLAINTIFF’S
REQUEST FOR COPY

v.
(ECF No. 19)
A. MARTINEZ, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se in this civil rights action brought

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pursuant to 42 U.S.C. § 1983. On October 30, 2013, the undersigned found that Plaintiff

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could not proceed in forma pauperis because he had three “strikes” under 28 U.S.C.

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§ 1915(g) and had not shown he was under imminent danger of serious injury at the time

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he initiated this action. (ECF No. 5.) Plaintiff was ordered to pay the filing fee in full within

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fourteen days. (Id.) Plaintiff filed objections to the order (ECF No. 6), but did not pay the

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fee.

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December 2, 2013, the undersigned filed findings and recommendations that

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Plaintiff’s action be dismissed for failure to obey the Court’s order that he pay the filing

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fee. (ECF No. 7.) The undersigned addressed, but rejected, the arguments raised in

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Plaintiff’s objections. (Id. at 2.) On March 7, 2014, the District Judge assigned to this

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case adopted the findings and recommendations (ECF No. 12), judgment was entered

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thereon (ECF No. 13), and the case was closed.

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Plaintiff appealed the dismissal to the United States Court of Appeals for the Ninth
Circuit (ECF No. 14), but that Court has not yet ruled on the appeal.

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Before the Court is Plaintiff’s August 4, 2014 motion for a copy of his objections to

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the Court’s October 30, 2013 order, which Plaintiff states are necessary to brief his

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appeal. (ECF No. 19.) Plaintiff states that he originally submitted two copies of his

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objections, but a file stamped copy was never returned to him. (Id.) He asserts that he

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twice requested a copy of the objections but was sent the wrong document. (Id.)

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Good cause being shown, and good cause appearing therefore, the Court

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HEREBY GRANTS Plaintiff’s motion. (ECF No. 19.) The Clerk’s Office shall send

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Plaintiff one (1) copy of his objections filed November 14, 2013, and appearing at ECF

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No. 6.

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IT IS SO ORDERED.
Dated:

August 20, 2014

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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