Griffin v. Johnson et al

Filing 35

ORDER REGARDING Plaintiff's 34 Notice of Refusal to Copy Documents for Service of Process; ORDER to the Clerk to Make Copies signed by Magistrate Judge Barbara A. McAuliffe on 9/16/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MATTHEW JAMES GRIFFIN,

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Plaintiff,
v.
A. JOHNSON, et al.,
Defendants.

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1:13-cv-01599-LJO-BAM (PC)
ORDER REGARDING PLAINTIFF’S
NOTICE OF REFUSAL TO COPY
DOCUMENTS FOR SERVICE OF
PROCESS
ORDER TO THE CLERK TO MAKE
COPIES
(ECF No. 34)

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Plaintiff Matthew James Griffin (“Plaintiff”) is a state prisoner currently housed at the

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Saguaro Correctional Center in Arizona, operated by the Corrections Corporation of America

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(“CCA”). He is proceeding in forma pauperis in this civil rights action pursuant to 42 U.S.C. §

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1983, claiming his Eight Amendment rights have been violated.

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On August 4, 2015, the Court authorized service on several of the defendants named in

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Plaintiff’s first amended complaint, and directed him to provide, among other things, copies of

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his amended complaint to serve those defendants. (ECF No. 27.) Plaintiff indicates that he has

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requested on several occasions for prison officials at Saguaro Correctional Center to provide him

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the required copies pursuant to this Court’s order. (ECF Nos. 30, 34.) In the instant notice to the

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Court, Plaintiff states that the prison officials at Saguaro Correctional Center refused to provide

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him more than three copies of his amended complaint due to CCA’s policies, despite this Court’s

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order indicating he is required to provide twelve copies of his endorsed first amended complaint.

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(ECF No. 34.) He has submitted eleven completed summonses, eleven USM-285 forms, and

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three copies of the amended complaint. (ECF No. 33.)

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The Court finds Plaintiff has shown good cause, under these circumstances, for failing to

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provide all of the necessary copies of the amended complaint. As a result, the Court will order

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the clerk’s office of this Court to provide the remaining copies of the amended complaint needed

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for service. However, Plaintiff is admonished that this is an exceptional circumstance, and full

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compliance with this Court’s orders will be required in the future. Plaintiff is also warned that

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failure to comply with any Court order or rule may result in dismissal of one or more defendants

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from this action.

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Accordingly, IT IS HEREBY ORDERED that:

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The Clerk’s Office shall provide the nine (9) necessary additional copies of Plaintiff’s

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amended complaint required for service.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 16, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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