Avila v. Brown

Filing 20

ORDER GRANTING Plaintiff's 19 Motion to Obtain Copy of Original Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 6/19/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL AVILA,

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Case No. 1:17-cv-01328-LJO-BAM (PC)
Plaintiff,

v.
JERRY BROWN, et al.,

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ORDER GRANTING PLAINTIFF’S MOTION
TO OBTAIN COPY OF ORIGINAL
COMPLAINT
(Doc. 19)

Defendants.

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Plaintiff Daniel Avila is a state prisoner proceeding pro se and in forma pauperis in this
civil rights action pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion, filed on June 18, 2018, to obtain one copy

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of his original complaint. (Doc. 19.) In the motion, Plaintiff contends that prison officials have

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misplaced or lost his copy of his original complaint in this action, and that he needs a copy to

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prepare his second amended complaint. (Id.)

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Although the Court has granted Plaintiff leave to proceed in forma pauperis, this generally

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does not entitle him to free copies of documents from the Court. E.g., Hullom v. Kent, 262 F.2d

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862, 863 (6th Cir. 1959). The Clerk charges $.50 per page for copies of documents. See 28

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U.S.C. § 1914(b).

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In this case, Plaintiff’s original complaint in this action is a ten-page document.

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Considering the relatively minimal expense involved and to avoid undue delay in this litigation,
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the Court will make a one-time exception here and grant Plaintiff’s request. In the future, copies

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of up to twenty pages may be made by the Clerk’s Office at this Court upon written request,

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prepayment of the copy fees, and submission of a large, self-addressed stamped envelope.

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Accordingly, it is HEREBY ORDERED that:

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1.

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Plaintiff’s motion for a copy of his original complaint, filed on June 18, 2018

(Doc. 19), is granted; and

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2.

The Clerk of the Court is respectfully directed to make one (1) copy of Plaintiff’s

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complaint in this matter, filed on October 3, 2017 (Doc. 1), and serve it on Plaintiff with this

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order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 19, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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