Bullard v. St. Andra et al

Filing 34

ORDER DENYING 32 Motion for Order for Postage, signed by Magistrate Judge Michael J. Seng on 4/15/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EFREN DANIELLE BULLARD,
Plaintiff,

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ORDER DENYING MOTION FOR ORDER
FOR POSTAGE

v.

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Case No. 1:17-cv-00328-LJO-MJS (PC)

(ECF NO. 32)
R. ST. ANDRA, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds on Eighth
Amendment claims against CO Jane Doe and CO Benson; a conspiracy claim against
CO Jane Doe and CO Benson; and a First Amendment retaliation claim against CO
Davis.

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Before the Court is Plaintiff’s April 9, 2018 motion “Requesting Order for Postage

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to Send Plaintiff’s Opposition for Summary Judgment Re Exhaustion to Defendants.”

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(ECF No. 32.) Plaintiff states that he was provided sufficient postage to send his

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summary judgment opposition to the Court, and indeed the Court has received the

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opposition. (ECF No. 33.) However, he does not have sufficient postage to send the

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opposition to the Deputy Attorney General assigned to this case.

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Plaintiff is reminded that he need not copy documents and serve them on defense

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counsel if they are filed with the Court. As Plaintiff has been advised (ECF No. 2), once

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an attorney for a defendant appears in the action, that attorney's office will receive notice

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of all filings through the Court's electronic filing system (CM/ECF). Plaintiff need not

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serve documents on counsel for Defendants; the date of the electronic Notice from

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ECM/ECF is the date of service. Thus, Plaintiff is only required to serve documents on

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defense counsel if those documents will not be filed with the Court, i.e., discovery

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documents.

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Accordingly, Defendants have been served with Plaintiff’s opposition by way of
CM/ECF. Plaintiff’s motion is moot and on that basis is HEREBY DENIED.

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IT IS SO ORDERED.
Dated:

April 15, 2018

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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