(PC) Talamantes v. Merced County Jail et al

Filing 9

ORDER DENYING Plaintiff's 8 Request for Court to Provide Information, signed by Magistrate Judge Gary S. Austin on 04/28/2021. (Maldonado, C)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY TALAMANTES, 12 13 14 15 1:20-cv-01643-DAD-GSA-PC ORDER DENYING PLAINTIFF’S REQUEST FOR COURT TO PROVIDE INFORMATION (ECF No. 8.) Plaintiff, vs. MERCED COUNTY JAIL, et al., Defendants. 16 17 18 19 20 21 Jeffrey Talamantes (“Plaintiff”) is a jail inmate proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 22 On April 26, 2021, Plaintiff filed a request for the court to inform him about his rights to 23 protect himself, how to obtain copies from the Merced County Jail, and how to obtain witness 24 statements. Plaintiff is advised that it is not the court’s duty to act as Plaintiff’s counsel or 25 paralegal in these matters. Martinez v. Court of Appeal of Cal., Fourth Appellate Dist., 528 U.S. 26 152, 162, 120 S.Ct. 684, 145 L.Ed.2d 597 (2000) (“[T]he trial judge is under no duty to provide 27 personal instruction on courtroom procedure or to perform any legal ‘chores’ for the defendant 28 that counsel would normally carry out”); Pliler v. Ford, 542 U.S. 225, 231, 124 S. Ct. 2441, 1 1 2446, 159 L. Ed. 2d 338 (2004) (“Requiring district courts to advise a pro se litigant in such a 2 manner would undermine district judges’ role as impartial decisionmakers.”). 3 4 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s request for court to provide information, filed on April 26, 2021, is DENIED. 5 6 7 IT IS SO ORDERED. Dated: April 28, 2021 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?