Willard v. Waddle

Filing 23

ORDER GRANTING Plaintiff's 22 Request; ORDER for Clerk to Mail Copy of Entire 1 Complaint to Plaintiff, signed by Magistrate Judge Gary S. Austin on 1/31/19. (Marrujo, C)

1
2
3
4

UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF CALIFORNIA

6
7

JOSHUA A. WILLARD,
Plaintiff,

8

ORDER GRANTING PLAINTIFF’S REQUEST
(ECF No. 22.)

v.

9
10

1:17-cv-01425-DAD-GSA-PC

ORDER FOR CLERK TO MAIL COPY OF
ENTIRE COMPLAINT TO PLAINTIFF
(ECF No. 1.)

C. WADDLE,
Defendant.

11
12
13

Joshua A. Willard (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

14

with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s

15

original Complaint, which was filed on October 24, 2017, against defendant Lieutenant C.

16

Waddle, on Plaintiff’s claim for retaliation. (ECF No. 1.)

17

On January 19, 2019, Plaintiff filed a request for the court to send him a copy of his

18

Complaint. (ECF No. 22.) Plaintiff explains that his copy of the Complaint was taken by prison

19

staff.

20

The court finds good cause to grant Plaintiff’s request for a copy of his Complaint.

21

However, as noted below, this is a one-time courtesy and Plaintiff is not ordinarily entitled to

22

free copies of his case documents from the court.1

23
1

24
25
26
27
28

The court is sending Plaintiff a free copy of his Complaint as a one-time courtesy. 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). Copies of up to twenty pages may be made by the
Clerk’s Office at this court upon written request, prepayment of the copy fees, and submission of a self-addressed
envelope with sufficient postage affixed. 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. Under 28 U.S.C. ' 2250, the Clerk is not
required to furnish copies without cost to an indigent petitioner except by order of the judge. Plaintiff was advised
in this court’s First Informational Order issued on October 24, 2017, that “[i]f a party wants a file−stamped copy of
a document returned for the party's own benefit, a copy for that purpose and a pre−addressed, pre−paid postage
envelope must be included. The Court will not make copies of filed documents or provide postage or envelopes for
free even for parties proceeding in forma pauperis.” (First Informational Order, ECF No. 3 at 1:5-7.)
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

3
4
5

Good cause having been shown, Plaintiff’request for a copy of his Complaint,

filed on January 28, 2019, is GRANTED; and
2.

The Clerk of Court is directed to send Plaintiff a copy of his entire original

Complaint, filed on October 24, 2017, (ECF No. 1).

6
7
8
9

IT IS SO ORDERED.
Dated:

January 31, 2019

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2