Bettencourt v. Parks et al

Filing 95

ORDER GRANTING 94 Plaintiff's Motion for Copy of Docket; ORDER Directing Clerk of Court to Mail Plaintiff a Copy of Docket Sheet from September 1,2021 to Present, signed by Magistrate Judge Barbara A. McAuliffe on 10/27/2021. (Maldonado, C)

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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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ORDER GRANTING PLAINTIFF’S MOTION
FOR COPY OF DOCKET

v.

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Case No. 1:16-cv-00150-DAD-BAM (PC)

PARKER, et al.,

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(ECF No. 94)
Defendants.

ORDER DIRECTING CLERK OF COURT TO
MAIL PLAINTIFF A COPY OF DOCKET
SHEET FROM SEPTEMBER 1, 2021 TO
PRESENT

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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. This action proceeds on

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Plaintiff’s claims of deliberate indifference in violation of the Eighth Amendment against

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Defendant Crooks for pulling two teeth that did not need to be pulled, and against Defendants

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Parker and Guzman for filing down six healthy teeth with a dental tool used for drilling cavities.

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Currently before the Court is Plaintiff’s “Motion Concerning a Motion Filed and Included

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Contents and Requesting a Copy of Updated Docket,” filed October 25, 2021. (ECF No. 94.) In

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this motion, Plaintiff seeks confirmation whether the Court has received copies of several recent

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motions filed, and has attached copies of the proofs of service for those motions. Plaintiff also

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seeks a copy of the Court’s docket in this action. (Id.) Defendants have not yet had an

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opportunity to file a response, but the Court finds a response unnecessary. The motion is deemed
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submitted. Local Rule 230(l).

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Plaintiff is informed that the Court received Plaintiff’s “Motion for New Proposed

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Action,” which Plaintiff also refers to as a “Brief on Deposition” transcripts, which was mailed on

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September 17, 2021. That motion was filed with the Court on September 30, 2021 and contained

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135 pages. (ECF No. 89.) The Court construed the motion as a motion for summary judgment

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and on October 8, 2021, denied it without prejudice to re-filing in compliance with the Local

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Rules and the Federal Rules of Civil Procedure. (ECF No. 90.)

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The Court has not received any motions from Plaintiff that appear to correspond to the

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proofs of service dated September 27, 2021 and attached to his motion at pages 9 and 10. (See

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ECF No. 94, pp. 9–10.)
Generally, the Clerk’s Office will provide copies for Plaintiff at a cost of $0.50 per page.

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Under the circumstances, the Court will make a one-time exception and will direct the Clerk’s

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Office to provide a copy of the most recent docket entries in this action, dated September 1, 2021

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to the present, to Plaintiff at no charge. However, Plaintiff is advised that any further copies will

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need to be paid for by Plaintiff, and that it is his responsibility to maintain copies of all documents

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submitted to the Court for filing. If Plaintiff needs confirmation that a motion has been received,

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he should include a copy of the original with a self-addressed stamped envelope with the correct

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postage, and the Clerk’s Office will return a conformed copy to Plaintiff.

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Accordingly, it is HEREBY ORDERED that:

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Plaintiff’s motion for copy of docket, (ECF No. 94), is GRANTED; and

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2.

The Clerk’s Office shall mail a copy of the most recent docket entries in this

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action, dated September 1, 2021 to the present, to Plaintiff at his current address of record.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 27, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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