Barger v. Director of Operations of CDCR

Filing 6

ORDER Denying 2 Motion to be Heard signed by Magistrate Judge Stanley A. Boone on 08/17/2017. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 GARY DALE BARGER aka GARY FRANCIS FISHER, 11 Case No. 1:17-cv-01067-SAB-HC ORDER DENYING MOTION TO BE HEARD 12 Petitioner, 13 (ECF No. 2) v. 14 DIRECTOR OF OPERATIONS OF CDCR, 15 Respondent. 16 17 Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 18 19 U.S.C. § 2254. In the instant motion to be heard, Petitioner requests copies of his pending 20 petition, applications to proceed in forma pauperis, and a printout of all of Petitioner’s cases in 21 the Eastern District dating back to 2012 so that he “can order some of [his] old cases back.” 1 22 (ECF No. 2 at 1–2). Petitioner has been granted in forma pauperis status in the instant proceeding. (ECF No. 23 24 4). However, the fact that the Court has granted leave for Petitioner to proceed in forma pauperis 25 does not entitle him to free copies of documents from the Court. The Clerk of Court is not 26 required to furnish copies without costs to an indigent petitioner except by order of the judge. 28 27 U.S.C. § 2250. Petitioner is advised that it is his responsibility to retain any and all copies of 28 1 Page numbers refer to the ECF page numbers stamped at the top of the page. 1 1 documents filed and received pertaining to this case. The Clerk of Court does not ordinarily 2 provide free copies of case documents to parties. The Clerk charges $0.50 per page for copies of 3 documents. Copies may be made by the Clerk’s Office at this Court upon written request and 4 prepayment of the copies fee. Petitioner does not explain the reason why he needs copies of the documents he requests. 5 6 Accordingly, the Court DENIES the motion (ECF No. 2) without prejudice to filing a new 7 request setting forth which specific documents Petitioner requires and why. 8 9 IT IS SO ORDERED. 10 Dated: August 17, 2017 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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