Renteria v. Matharu et al

Filing 20

ORDER granting in part Plaintiff's Requests for copies 18 , 19 ; directing Clerk to re-service Findings and Recommendations 17 and send a copy of the docket report for this case to Plaintiff signed by Magistrate Judge Gary S. Austin on 8/1/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUIS RENTERIA,

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Plaintiff,
vs.
KABIR MATHARU, et al.,
Defendants.

1:18-cv-00497-LJO-GSA-PC
ORDER GRANTING IN PART
PLAINTIFF’S REQUESTS FOR COPIES
(ECF Nos. 18, 19.)
ORDER DIRECTING CLERK TO:
(1) RE-SERVE FINDINGS AND
RECOMMENDATIONS ENTERED
ON JUNE 27, 2018 ON PLAINTIFF
AT HIS NEW ADDRESS (ECF No.
17.)
(2) SEND PLAINTIFF A COPY OF THE
DOCKET REPORT FOR THIS CASE

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Luis Renteria (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. On April 12, 2018, Plaintiff filed the

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Complaint commencing this case. (ECF No. 1.) On May 29, 2018, Plaintiff filed the First

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Amended Complaint as a matter of course. (ECF No. 15.) The First Amended Complaint

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awaits the court’s requisite screening under 28 U.S.C. § 1915A.

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On July 11 and 16, 2018, Plaintiff filed notices of change of his address from the Sierra

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Conservation Center (SCC) in Jamestown, California, to the R.J. Donovan Correctional Facility

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in San Diego, California. (ECF Nos. 18, 19.) Therein, Plaintiff informed the court that his
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legal documents had not arrived from SCC, and he had not received any mail from the court

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since his transfer to SCC on June 28, 2018. Plaintiff requests copies of his complaint and the

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602 appeal exhausting his remedies. Plaintiff also requests copies of all of the filings and

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orders issued in his case, Local Rules, Federal Rules of Evidence, Federal Rules of Civil

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Procedure, and the docket report for this case.

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Plaintiff is advised that the Clerk does not ordinarily provide free copies of case

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documents to parties. The Clerk charges $.50 per page for copies of documents. See 28 U.S.C.

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' 1914(a). Copies of up to twenty pages may be made by the Clerk’s Office at this court upon

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written request, prepayment of the copy fees, and submission of a self-addressed envelope with

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sufficient postage affixed. The fact that the court has granted leave for Plaintiff to proceed in

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forma pauperis does not entitle him to free copies of documents from the court. Under 28

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U.S.C. ' 2250, the Clerk is not required to furnish copies without cost to an indigent petitioner

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except by order of the judge. Plaintiff was advised in the court’s First Informational Order

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issued on April 17, 2018, that “[i]f a party wants a file−stamped copy of a document returned

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for the party’s own benefit, a copy for that purpose and a pre−addressed, pre−paid postage

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envelope must be included. The Court will not make copies of filed documents or provide

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postage or envelopes for free even for parties proceeding in forma pauperis.”

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Informational Order, ECF No. 5 at 3 ¶I.)

(First

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Here, Plaintiff requests free copies of his complaint, 602 appeal, all filings and orders

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issued in this case, and a docket report. As a one-time courtesy, Plaintiff shall be provided with

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a copy of the docket report for this case. Further, the Clerk shall be directed to re-serve

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Plaintiff with the court’s June 28, 2018 findings and recommendations, which it appears

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Plaintiff did not receive because of his transfer. For other copies from his case file, Plaintiff

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must submit a written request to the Clerk, prepayment of the copy fees, and submission of a

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large-enough self-addressed envelope with sufficient postage affixed. Plaintiff is informed that

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his original Complaint is 205 pages long and his First Amended Complaint is 5 pages long.

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The court no longer provides paper copies of the complete set of Local Rules to

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litigants, because the Local Rules are now available online via the court’s website. The Federal
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Rules of Evidence and Federal Rules of Civil Procedure can be found online or at the prison’s

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law library. Therefore, Plaintiff’s requests for copies of court rules are denied.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s requests for copies, filed on July 11 and 16, 2018, are granted in part;

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2.

The Clerk of Court is directed to:

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(1)

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Re-serve the findings and recommendations entered on June 27, 2018, in
this case (ECF No. 17) on Plaintiff at his new address; and

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(2)

Send Plaintiff a copy of the docket report for this case.

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IT IS SO ORDERED.
Dated:

August 1, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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