Venable v. Stainer et al

Filing 27

ORDER Granting 26 Request for Copy of Original Complaint; ORDER for Clerk to Send Plaintiff a Copy of His Original 1 Complaint Filed on 04/26/16, signed by Magistrate Judge Gary S. Austin on 9/25/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELVIS VENABLE,

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Plaintiff,

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vs.
STAINER, et al.,

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Defendants.

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1:16-cv-00589-GSA-PC
ORDER GRANTING REQUEST FOR
COPY OF ORIGINAL COMPLAINT
(ECF No. 26.)
ORDER FOR CLERK TO SEND
PLAINTIFF A COPY OF HIS
ORIGINAL COMPLAINT FILED ON
APRIL 26, 2016
(ECF No. 1.)

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I.

BACKGROUND

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Elvis Venable (“Plaintiff") is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint

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commencing this action on April 26, 2016. (ECF No. 1.) On May 1, 2017, Plaintiff filed the

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First Amended Complaint. (ECF No. 25.)

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On May 1, 2017, Plaintiff filed a request for a copy of his original Complaint. (ECF

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No. 26.)

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II.

REQUEST FOR COPY

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Plaintiff has requested a copy of his original Complaint with its attached exhibits.

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Plaintiff asserts that his cell was ransacked and his original civil rights complaint with the

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attached exhibits is missing from his property. Plaintiff asserts that he was unable to submit the

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exhibits showing exhaustion of administrative remedies with the First Amended Complaint.

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Plaintiff is advised that the Clerk does not ordinarily provide free copies of case

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documents to parties. The Clerk charges $.50 per page for copies of documents. See 28 U.S.C.

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§ 1914(a). The fact that the court has granted leave for Plaintiff to proceed in forma pauperis

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does not entitle him to free copies of documents from the court. However, in this instance,

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Plaintiff has shown good cause for the court to send him a courtesy copy of his original

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Complaint. Plaintiff is advised, however, that the original Complaint on the court’s record does

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not include any exhibits. Nevertheless, the court shall direct the Clerk to send Plaintiff a copy

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of his original Complaint filed on April 26, 2016.

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III.

CONCLUSION

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s request for a copy of his original Complaint is GRANTED; and

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The Clerk is DIRECTED to send Plaintiff a copy of his original Complaint filed

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on April 26, 2016.

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IT IS SO ORDERED.
Dated:

September 25, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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