Valson v. Kelso et al
ORDER on Plaintiff's Request for Order Directing Plaintiff's Institution of Confinement to Allow Plaintiff to Make Copies of Scheduling Conference Statement 31 , signed by Magistrate Judge Erica P. Grosjean on 3/6/2018: Request is DENIED without prejudice. (Hellings, J)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:14-cv-01420-DAD-EPG (PC)
SILUS M. VALSON,
ORDER ON PLAINTIFF’S REQUEST FOR
ORDER DIRECTING PLAINTIFF’S
INSTITUTION OF CONFINEMENT TO
ALLOW PLAINTIFF TO MAKE COPIES
OF SCHEDULING CONFERENCE
MATTHEW CATE and MARTIN BITER,
(ECF NO. 31)
Silus Valson (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action filed pursuant to 42 U.S.C. § 1983.
On February 26, 2018, Plaintiff filed a request for an order directing his institution of
confinement to allow him to make copies of his scheduling conference statement (“the
Request”). Plaintiff states that “Senior Law Librarian Ms. . . . Lirone’s denial was based on the
document contained published documentation from MedlinePlus of the National Institute of
Health/U.S. National Library of Medicine.” (ECF No. 31, at p. 2)
As discussed on the record at the hearing on March 5, 2018, the documents that Plaintiff
describes are not needed for his scheduling conference statement. The Court did not require
Plaintiff to submit any evidence for the scheduling conference.
Plaintiff’s request for an order related to the scheduling conference statement.
Thus, the Court denies
However, the Court notes that Plaintiff should be allowed to make copies of documents
that he is using to support his case, including documents Plaintiff identified in the Request (the
documents from the National Institutes of Health/U.S. National Library of Medicine that
Plaintiff obtained from his Freedom of Information Act request to the Department of Health
and Human Services), because Plaintiff has an obligation to provide documents that he may use
to support his claims in this case to Defendants. See, e.g., Fed. R. Civ. P. 26 & 34.
Thus, Plaintiff’s institution should allow him to make copies of documents necessary
for his case. He has a legal obligation to share those documents with Defendants.
If Plaintiff’s institution of confinement does not allow Plaintiff to make copies of
documents that are necessary for use in this case, Plaintiff may file a motion with the Court,
and the Court may issue an order requiring Plaintiff’s institution of confinement to allow
Plaintiff to make copies.
Accordingly, based on the foregoing, IT IS ORDERED that the Request is DENIED
IT IS SO ORDERED.
March 6, 2018
UNITED STATES MAGISTRATE JUDGE
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