Taylor v. Patel et al

Filing 12

ORDER DENYING Plaintiff's Request for Amended Complaint Forms, signed by Magistrate Judge Michael J. Seng on 5/28/2015. (Marrujo, C)

1
2
3
4
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

5
6
7

DELTON L. TAYLOR,

8

Plaintiff,

9

v.

CASE NO. 1:14-cv-01754-MJS (PC)
ORDER DENYING PLAINTIFF’S
REQUEST FOR AMENDED COMPLAINT
FORMS

10
HARISHKUMAR PATEL, et al.,
11
Defendants.

12
13
14
15
16

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff has consented to Magistrate
Judge jurisdiction.

17

On May 13, 2015, the Court found Plaintiff’s Eighth Amendment claims against

18
19

Defendants Patel and Le to be cognizable, and directed Plaintiff to submit service

20

documents, including file-endorsed copies of the First Amended Complaint. (ECF No.

21

10.)

22
23
24
25
26
27
28

On May 22, 2015, Plaintiff requested the Court to provide four blank amended
complaint forms. (ECF No. 11.) According to Plaintiff, the Ventura County Jail does not

1

provide inmates with copies of documents and therefore he must hand write multiple

2

copies of his complaint.1

3
4

Defendants must be served with copies of the file-stamped complaint that was
filed with the Court. The Court cannot accept handwritten duplicates of Plaintiff’s

5
6
7

amended complaint and so will deny Plaintiff’s request for blank amended complaint
forms.
Plaintiff’s right of access to the courts includes the right to photocopy legal

8
9
10
11

documents at his own expense. Hiser v. Franklin, 94 F.3d 1287, 1294 n.6 (9th Cir.
1996)(inmate has a right to photocopying when necessary to guarantee meaningful
access to the courts); Allen v. Sakai, 48 F.3d 1082, 1090 (9th Cir. 1994)(access to courts

12
13
14

can be seriously hindered “by an inability to make multiple, accurate copies of legal
documents”). In addition, California regulations allow indigent pro se inmates to have

15

certain legal documents, including summonses and complaints, photocopied for them

16

free of charge. Cal. Code Regs., tit. 15, § 3162(c) & (d). Plaintiff shall inquire about the

17

jail’s copy policies. The Court will also request jail personnel at the Ventura County Jail

18

to assist Plaintiff with copying services.

19

For the foregoing reasons, the Court HEREBY DENIES Plaintiff’s request for the

20
21

blank amended complaint forms.

22
23

IT IS SO ORDERED.

24
Dated:

25
26
27

May 28, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
1

Plaintiff also notes that the Court’s screening order mistakenly referred to Kern Medical Center as Kern
Valley State Prison. This admitted error does not affect the viability of Plaintiff’s complaint, the propriety of
its service, or further proceedings in the case.

28
2