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