Bettencourt v. Parks et al

Filing 45

ORDER DENYING 40 Plaintiff's Motion Concerning a Settlement and Garnishment of Wages; ORDER DENYING 43 Plaintiff's Demand for Trial and/or Settlement Conference, signed by Magistrate Judge Barbara A. McAuliffe on 6/23/2020. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY RAY BETTENCOURT,

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Plaintiff,

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v.

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PARKER, et al.,

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Defendants.

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Case No. 1:16-cv-00150-DAD-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
CONCERNING A SETTLEMENT AND
GARNISHMENT OF WAGES
(ECF No. 40)
ORDER DENYING PLAINTIFF’S DEMAND
FOR TRIAL AND/OR SETTLEMENT
CONFERENCE
(ECF No. 43)

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Plaintiff Gary Ray Bettencourt (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff’s first amended

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complaint has been screened, and findings and recommendations allowing the cognizable claims

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to proceed are pending before the District Judge.

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On November 12, 2019, Plaintiff filed a “Motion Concerning a Settlement and

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Garnishments of wages By Government Codes And or Settlement Conferences; or Trial; Motion

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for Summary Judgement against the Three Defendants to Award money damages.” (ECF No.

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40.) On April 24, 2020, Plaintiff filed a “Mandate Demand for Trial, Jury Trial And Or

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Settlement Conference.” (ECF No. 43.)

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In both motions, Plaintiff requests various forms of relief, including a monetary settlement

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of this action to include punitive and compensatory damages, garnishment of the wages of the

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defendants to pay the settlement amount, a jury trial on Plaintiff’s claims, and summary judgment

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in Plaintiff’s favor. Plaintiff argues that he has sufficiently proved his claim against Defendants,
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and they are therefore liable for money damages. Plaintiff further requests that the Clerk of the

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Court send a current copy of the Federal Rules of Court and Local Rules, because he is in

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administrative segregation and only allowed to go to the law library once in a while. (ECF Nos.

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40, 43.)

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All of the relief sought in these motions is premature. As noted above, although the

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complaint has been screened and found to state some cognizable claims on which this action may

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proceed, Plaintiff has not yet proved that Defendants are liable, or that any monetary damages are

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warranted. As such, at this time the Court declines to enter summary judgment in Plaintiff’s

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favor, award damages, or order any garnishment of wages. Further, in order for proceedings such

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as a settlement conference or a jury trial to go forward, Plaintiff must wait for Defendants to be

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served and to appear in this action. As of the date of this order, Defendants have not yet been

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served.

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With respect to Plaintiff’s request for copies of the Court’s Local Rules and the Federal

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Rules of Civil Procedure, this request is also denied. Plaintiff is informed that his in forma

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pauperis status does not entitle him to free copies of documents from the Court. E.g., Hullom v.

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Kent, 262 F.2d 862, 863 (6th Cir. 1959.) Generally, the Clerk of the Court charges $0.50 per

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page for copies of documents. See 28 U.S.C. § 1914(b). Copies of up to twenty pages may be

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made by the Clerk of the Court upon written request, prepayment of the copy fees, and

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submission of a large, self-addressed stamped envelope.

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Accordingly, Plaintiff’s motion concerning a settlement and garnishment of wages, (ECF

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No. 40), and demand for trial by jury and/or settlement conference, (ECF No. 43), are HEREBY

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DENIED as premature.
IT IS SO ORDERED.

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Dated:

/s/ Barbara

June 23, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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