Thomas v. Ogbehi et al

Filing 15

ORDER DENYING 14 Plaintiff's Motion for Copies of Documents signed by Magistrate Judge Dennis L. Beck on 10/27/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSH THOMAS,

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Plaintiff,

Case No. 1:15-cv-01059-LJO-DLB PC
ORDER DENYING PLAINTIFF’S
MOTION FOR COPIES OF DOCUMENTS

v.
(Document 14)

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C. OGBEHI, et al.,
Defendants.

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Plaintiff Josh Thomas (“Plaintiff”) is a California state prisoner proceeding pro se in this civil

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action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on July 10, 2015. On July 14, 2015,

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the Court dismissed the action without prejudice to refiling accompanied by the filing fee.

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Plaintiff filed a notice of appeal on September 14, 2015.

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On October 8, 2015, Plaintiff filed a motion for transcripts at government expense. His

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motion, however, requests copies of two complaints filed in prior actions upon which the Court

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based its dismissal. The Court therefore construes this as a request for copies of documents.

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While prisoners are entitled to excerpts of the record upon request pursuant to Circuit Rule

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30-3, only relevant excerpts are available. In his request, Plaintiff requests copies of the complaints

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from 1:99-cv-05350 and 1:98-cv-06095, cases that the Court counted as strikes in denying his

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application to proceed in forma pauperis in this action.

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Plaintiff has repeatedly stated that he believes that the prior cases were dismissed in error.

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However, Plaintiff cannot challenge the prior dismissals in this appeal. This makes the complaints

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in those actions irrelevant and unnecessary.

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Plaintiff is further advised that the complaints he seeks are not available electronically

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because of the age of the cases. Plaintiff may contact the Clerk’s Office for instructions and costs

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regarding retrieving copies from archived files.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

October 27, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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