Quiroga v. Medical Service Doctor et al

Filing 60

ORDER DENYING 59 Plaintiff's Motion for Copies of Documents Produced in Discovery and/or Subpoeaned signed by Magistrate Judge Jennifer L. Thurston on 9/22/2017. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

MONICO J. QUIROGA, III,
Plaintiff,

12
13

v.

14

Case No. 1:15-cv-01871-LJO-JLT (PC)
ORDER DENYING PLAINTIFF’S
MOTION FOR COPIES OF DOCUMENTS
PRODUCED IN DISCOVERY AND/OR
SUBPOEANED

HASTA,
(Doc. 59)

15

Defendant.

16
17

On September 18, 2017, Plaintiff filed a motion indicating that he is proceeding in forma

18

pauperis and is unable to pay “for documents requested or subpoenaed.” (Doc. 59.) Though not

19

clearly stated, it appears that Plaintiff desires to receive copies of documents produced in

20

response to subpoenas for free. While Plaintiff is proceeding in forma pauperis under 28 U.S.C.

21

§ 1915, this does not allow Plaintiff to avoid paying for copies of documents produced in

22

discovery. Rather, one proceeding in forma pauperis is allowed to pay for the filing fee over time

23

based on percentage of the deposits/assets in his inmate trust account, and need not pay for

24

transcripts of court proceedings for use by this or an appellate court, and for service of process.

25

12 U.S.C. § 1915(a)-(d). However, one proceeding in forma pauperis is responsible for paying

26

all other costs necessary to litigate their case -- including the cost of copies of documents

27

produced in discovery.

28

Accordingly, Plaintiff’s motion to not be required to pay for copies of documents sought

1

1

in discovery or via subpoena is DENIED.

2
3
4
5

IT IS SO ORDERED.
Dated:

September 22, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2