Smith, Jr. v. Davey et al

Filing 12

ORDER DIRECTING Office of the Clerk to Make Four Copies of Plaintiff's First Amended Complaint to Forward to United States Marshal for Service of process 11 , signed by Magistrate Judge Stanley A. Boone on 1/16/18. (Martin-Gill, S) (Copies made and submitted to USM with all other service documents submitted)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 COLEMAN KENYATTA SMITH, JR., 12 Plaintiff, 13 14 15 v. DAVE DAVEY, et al., Defendants. 16 17 18 ) ) ) ) ) ) ) ) ) ) Case No. 1:17-cv-01445-SAB (PC) ORDER DIRECTING OFFICE OF THE CLERK TO MAKE FOUR COPIES OF PLAINTIFF’S FIRST AMENDED COMPLAINT TO FORWARD TO UNITED STATES MARSHAL FOR SERVICE OF PROCESS [ECF No. 11] Plaintiff Coleman Kenyatta Smith, Jr. is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 19 On January 5, 2018, the Court found that service of the first amended complaint was 20 appropriate as to Defendants A. Aranda, J. Cellbollos, and R. Espinoza, and forwarded Plaintiff the 21 necessary service of process documents for completion and return within thirty days. 22 On January 12, 2018, the Court received three completed copies of the summons and USM- 23 285 forms; however, the Court did not receive four copies of the first amended complaint. In the 24 interest of expediting the service of process in this case, the Court will make a one-time exception and 25 make four completed copies of Plaintiff’s first amended complaint to forward to the United States 26 Marshal for service of process. Plaintiff is advised that the Court does not ordinarily provide free 27 copies of case documents to parties. The Clerk of Court charges $.50 per page for copies of 28 documents. See 28 U.S.C. § 1914(a). Copies of up to twenty pages may be made by the Clerk Office 1 1 at this Court upon written request and prepayment of the copy fees. The fact that the Court has 2 granted leave for Plaintiff to proceed in forma pauperis does not entitle him to free copies of 3 documents from the Court. Under 28 U.S.C. § 2250, the Clerk is not required to furnish copies 4 without costs to an indigent plaintiff except by order of the judge. Nonetheless, the Court will extend 5 a one-time courtesy and the Office of the Clerk is HEREBY ORDERED to make four copies of the 6 first amended complaint, filed on December 13, 2017 (Doc. No. 9), to forward to the United States 7 Marshal for service of process. 8 9 10 11 IT IS SO ORDERED. Dated: January 16, 2018 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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