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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ELVIS VENABLE, 12 Plaintiff, 13 14 vs. STAINER, et al., 15 Defendants. 16 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.) 17 18 I. BACKGROUND 19 Elvis Venable (“Plaintiff") is a state prisoner proceeding pro se and in forma pauperis 20 with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint 21 commencing this action on April 26, 2016. (ECF No. 1.) On May 1, 2017, Plaintiff filed the 22 First Amended Complaint. (ECF No. 25.) 23 On May 1, 2017, Plaintiff filed a request for a copy of his original Complaint. (ECF 24 No. 26.) 25 II. REQUEST FOR COPY 26 Plaintiff has requested a copy of his original Complaint with its attached exhibits. 27 Plaintiff asserts that his cell was ransacked and his original civil rights complaint with the 28 1 1 attached exhibits is missing from his property. Plaintiff asserts that he was unable to submit the 2 exhibits showing exhaustion of administrative remedies with the First Amended Complaint. 3 Plaintiff is advised that the Clerk does not ordinarily provide free copies of case 4 documents to parties. The Clerk charges $.50 per page for copies of documents. See 28 U.S.C. 5 § 1914(a). The fact that the court has granted leave for Plaintiff to proceed in forma pauperis 6 does not entitle him to free copies of documents from the court. However, in this instance, 7 Plaintiff has shown good cause for the court to send him a courtesy copy of his original 8 Complaint. Plaintiff is advised, however, that the original Complaint on the court’s record does 9 not include any exhibits. Nevertheless, the court shall direct the Clerk to send Plaintiff a copy 10 of his original Complaint filed on April 26, 2016. 11 III. CONCLUSION 12 Accordingly, IT IS HEREBY ORDERED that: 13 1. Plaintiff’s request for a copy of his original Complaint is GRANTED; and 14 2. The Clerk is DIRECTED to send Plaintiff a copy of his original Complaint filed 15 on April 26, 2016. 16 17 18 19 IT IS SO ORDERED. Dated: September 25, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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