Matthew V. Salinas v. Pogue et al

Filing 21

ORDER Granting 19 Request for Copies; ORDER Directing Clerk to Send Plaintiff Copy of Complaint 1 and Copy of Docket Sheet, signed by Magistrate Judge Gary S. Austin on 10/31/16. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MATTHEW V. SALINAS, 12 13 14 15 16 Plaintiff, vs. KENNETH J. POGUE, et al., Defendants. 1:16-cv-00520-GSA-PC ORDER GRANTING REQUEST FOR COPIES (ECF No. 19.) ORDER DIRECTING CLERK TO SEND PLAINTIFF COPY OF COMPLAINT (ECF No. 1) AND COPY OF DOCKET SHEET 17 18 Matthew V. Salinas (“Plaintiff”) is a state prisoner proceeding pro se and in forma 19 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On April 4, 2016, Plaintiff 20 filed the Complaint commencing this action. (ECF No. 1.) 21 On September 2, 2016, Plaintiff filed a request for a copy of his Complaint and a copy 22 of the docket sheet for this case. (ECF No. 19.) Plaintiff asserts that since he filed the 23 Complaint, he has been moved three times to other prisons, and prison officials have lost his 24 personal property, which contained his only copy of the Complaint. 25 Plaintiff is advised that the Clerk does not ordinarily provide free copies of case 26 documents to parties. The Clerk charges $.50 per page for copies of documents. See 28 U.S.C. 27 ' 1914(a). Copies of up to twenty pages may be made by the Clerk's Office at this Court upon 28 written request and prepayment of the copy fees. The fact that the Court has granted leave for 1 1 Plaintiff to proceed in forma pauperis does not entitled him to free copies of documents from 2 the Court. However, in light of the fact that Plaintiff lost his only copy of the Complaint 3 through no fault of his own, and Plaintiff’s Complaint is not voluminous, the Court shall make 4 a one-time exception and provide Plaintiff with a free copy of his Complaint and a copy of the 5 docket sheet for this case. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. 8 9 Plaintiff's request for copies of his Complaint and docket sheet is GRANTED; and 2. 10 The Clerk is DIRECTED to send Plaintiff a copy of the Complaint filed on April 14, 2016 (ECF No. 1) and a copy of the docket sheet for this case. 11 12 13 14 IT IS SO ORDERED. Dated: October 31, 2016 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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