Dearwester v. California Department of Corrections and Rehabilitation et al

Filing 11

ORDER Denying Plaintiff's 9 Motion for Endorsed Copy of Complaint, signed by Magistrate Judge Dennis L. Beck on 3/26/15. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANK LEE DEARWESTER,

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Plaintiff,

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Case No. 1:15-cv-00415-DLB PC
ORDER DENYING PLAINTIFF’S MOTION
FOR ENDORSED COPY OF COMPLAINT

v.
(Document 9)

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CDCR, et al.,

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Defendants.

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Plaintiff Frank Lee Dearwester (“Plaintiff”) is a California state prisoner proceeding pro se in

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this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on February 26, 2015, and it

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was transferred to this Court on March 16, 2015.1
On March 20, 2015, the Court struck Plaintiff’s complaint as unsigned an ordered him to file

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a signed complaint within thirty (30) days of the date of service. He has not yet filed an amended

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complaint.
On March 23, 2015, Plaintiff filed a motion requesting an endorsed copy of his complaint.

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He states that he filed numerous actions against the same Defendants and cannot tell the cases apart

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by the “arbitrary” case numbers. ECF No. 9, at 1. He also states that he needs the copies to serve

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the other parties.

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The case number prior to transfer was 2:15-cv-00444 DAD. Plaintiff used that case number on this filing. He is
advised that he must use the correct case number, 1:15-cv-00415-DLB, on all future filings.

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Plaintiff’s motion is DENIED. Plaintiff states that he is proceeding in forma pauperis and

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could not afford to submit a self-addressed stamped envelope for the copies. The fact that the Court

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has granted leave for Plaintiff to proceed in forma pauperis does not entitled him to free copies of

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documents from the Court. Under 28 U.S.C. § 2250, the Clerk is not required to furnish copies

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without cost to an indigent petitioner except by order of the judge.

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To assist Plaintiff, he is advised that this action is filed against Defendants CDCR, North

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Kern State Prison, Quest Diagnostics, K. Odeluga, A. Shittu, Krzysiak and R. Robles, and alleges

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and Eighth Amendment medical claim regarding an August 2013, HIV blood test.

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Plaintiff is also advised that he need not serve any documents on other parties at this time. If

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and when the Court screens his complaint and finds a cognizable claim, the Court will instruct

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Plaintiff on service.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

March 26, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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