Fisher v. Director of OPS of CDCR

Filing 40

ORDER GRANTING 39 Plaintiff's Motion for Copy of Amended Complaint and Directing Clerk of Court to Mail Plaintiff a Copy of His Amended Complaint Filed on June 10, 2014, signed by Magistrate Judge Barbara A. McAuliffe on 1/27/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY FRANCIS FISHER,

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Plaintiff,
v.
DIRECTOR OF OPS OF CDCR,
Defendant.

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1:14-cv-00901-BAM (PC)
ORDER GRANTING PLAINTIFF’S
MOTION FOR COPY OF AMENDED
COMPLAINT AND DIRECTING CLERK
OF COURT TO MAIL PLAINTIFF A COPY
OF HIS AMENDED COMPLAINT FILED
ON JUNE 10, 2014
(ECF Nos. 18, 39)

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Plaintiff Gary Francis Fisher, also known as Gary Dale Barger, is a state prisoner

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proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

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Plaintiff initiated this action on June 20, 2013. He filed an amended complaint on June 10, 2014.

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The matter was transferred to this Court on June 12, 2014.

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On December 18, 2014, Plaintiff filed an unsigned notice of voluntary dismissal of this

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action. (ECF No. 37.) On December 19, 2014, the Court informed Plaintiff that unsigned filings

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cannot be considered and if he wished to dismiss this action, then he must file a signed notice of

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dismissal within fourteen days. (ECF No. 38.) Plaintiff did not respond. However, on January

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21, 2015, Plaintiff filed the motion requesting a copy of his complaint so he “can know exactly

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what it is [he’s] complaining about.” (ECF No. 39, p. 2.)

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Generally, the Clerk’s Office will provide copies for Plaintiff at a cost of $0.50 per page.

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The Court will make an exception in this instance in order to allow Plaintiff an opportunity to

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determine if he wishes to pursue this action. As such, the Court will direct the Clerk’s Office to
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provide a copy of the amended complaint at no charge. However, Plaintiff is advised that any

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further copies will need to be paid for by Plaintiff and that it is his responsibility to maintain

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copies of all documents submitted to the Court for filing.

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Accordingly, it is HEREBY ORDERED that the Clerk’s Office shall mail a copy of the

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amended complaint, filed June 10, 2014, to Plaintiff.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

January 27, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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