Jacobsen v. Curran et al

Filing 39

ORDER Granting in Part and Denying in Part 32 33 Request for Copies ; Clerk to Send Plaintiff Copies of ECF No. 26 signed by Magistrate Judge Michael J. Seng on 11/06/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL NEIL JACOBSEN,

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Plaintiff,
v.
OFFICER CURRAN, et al.,
Defendants.

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CASE No. 1:16-cv-01050-MJS (PC)
ORDER GRANTING IN PART AND
DENYING IN PART REQUESTS FOR
COPIES
(ECF NOS. 32, 33)
CLERK TO SEND PLAINTIFF COPIES OF
ECF NO. 26

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Plaintiff is a former county detainee proceeding pro se and in forma pauperis in
this civil rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds on
Plaintiff’s first amended complaint for Fourteenth Amendment violations by Defendants
Curran and Dulces and First Amendment violations by Defendant Doe 7.
Plaintiff requests copies of the following documents: (1) his first amended
complaint; (2) Defendant Curran’s answer; (3) Defendant Dulces’s answer, and (4) the
Court’s discovery and scheduling order.
Plaintiff was advised at the outset of this litigation that the Court will not make
copies of filed documents or provide postage or envelopes for free even for parties
proceeding in forma pauperis. Accordingly, Plaintiff’s request for a copy of the amended
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complaint will be denied. Additionally, it appears that the request is moot. At the time

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Plaintiff filed his request, he was in custody at the Fresno County Jail and averred that

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his copy of the complaint was in storage. It appears from his address of record that

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Plaintiff since has been released. In any event, the only apparent reason for Plaintiff’s

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request is that he wishes to clarify the claims at issue in this action. As stated, the action

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proceeds on Plaintiff’s first amended complaint for Fourteenth Amendment violations by

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Defendants Curran and Dulces, and First Amendment violations by Defendant Doe 7. To

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the extent Plaintiff intends to inquire after his separately filed action, Jacobsen v.

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Maldinado, he is advised that the case number for that action is 1:17-cv-00101-BAM.

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For the same reasons, the Court will not provide Plaintiff with copies of

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Defendants’ answers, which were properly served on Plaintiff at his address of record.

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Nonetheless, by way of this order, the Court will request that Defendants provide Plaintiff

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with an additional copy of their respective answers as a courtesy.

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Finally, the Court will grant Plaintiff’s request for a copy of the discovery and
scheduling order in order to facilitate Plaintiff’s compliance with court deadlines.
Based on the foregoing, it is HEREBY ORDERED that:
1. Plaintiff’s motions for copies (ECF Nos. 32, 33) are granted in part and

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denied in part;

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2. The Clerk of Court is directed to send Plaintiff a copy of ECF No. 26; and

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3. The Court requests that Defendants send Plaintiff an additional copy of

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their answers, as a courtesy.

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IT IS SO ORDERED.
Dated:

November 6, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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