(PC) Puckett v. Baraona et al

Filing 119

ORDER DENYING Plaintiff's 118 Motion for Attorney Fees and Legal Supplies, signed by Magistrate Judge Barbara A. McAuliffe on 3/10/2025. (Deputy Clerk CRM)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DURRELL ANTHONY PUCKETT,

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Plaintiff,

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v.

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BARAONA, et al.,

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Case No. 1:21-cv-01448-KES-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR ATTORNEY FEES AND LEGAL
SUPPLIES
(ECF No. 118)

Defendants.

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Plaintiff Durrell Anthony Puckett (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s first amended complaint against: (1) Defendants Baraona, Burnitzki, Leos, Hernandez,

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and Diaz for excessive force in violation of the Eighth Amendment; (2) Defendant Leos for

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sexual assault in violation of the Eighth Amendment; and (3) Defendants A. Ruiz, E. Ruiz, Meier,

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Gutierrez, Allison (Cronister), and Price for failure to protect in violation of the Eighth

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Amendment.

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Findings and recommendations to deny Plaintiff’s motion for summary judgment are
pending before the assigned District Judge. (ECF No. 116.)

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Currently before the Court is Plaintiff’s motion for attorney fees pursuant to 42 U.S.C.

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§ 406 and legal supplies, filed March 6, 2025. (ECF No. 118.) Plaintiff appears to be arguing

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that due to his continued work on this litigation, he is entitled to an award of attorney fees
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because he is in need of materials, supplies, books, research, and investigators. Plaintiff requests

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that he be provided with whatever the Court deems necessary and available to Plaintiff for the

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betterment of justice and society so he can learn, advocate, and prosecute his cases. Plaintiff

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requests that the Court consider his relief, claims, grounds, motions, health, sicknesses, and cases

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where he is a victim, etc. (Id.)

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Defendants have not yet had the opportunity to file a response, but the Court finds a
response unnecessary. The motion is deemed submitted. Local Rule 230(l).
First, 42 U.S.C. § 406 provides, in part, for the award of fees to persons or attorneys who

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represent claimants before the Commissioner of Social Security. This statute is not relevant to

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the representation of individuals in civil rights cases pursuant to 42 U.S.C. § 1983. Furthermore,

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Plaintiff is not entitled to an award of attorney fees because he is not an attorney, is representing

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himself in this action, and is not yet a prevailing party in this action.

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As to Plaintiff’s request for supplies or other resources, this request is also denied.

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Although Plaintiff is proceeding in forma pauperis in this action, he remains responsible for

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payment of his own litigation costs. These costs include, but are not limited to, witness fees,

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expert witnesses, depositions, and copying fees. (ECF No. 6.) Plaintiff has provided no basis for

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the Court to award him legal supplies or resources for the purposes of litigating this action or any

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other action.

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Based on the foregoing, Plaintiff’s motion for attorney fees and legal supplies, (ECF No.
118), is HEREBY DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara A. McAuliffe

March 10, 2025

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UNITED STATES MAGISTRATE JUDGE

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