Smith v. Hernandez et al

Filing 49

ORDER signed by Magistrate Judge Craig M. Kellison on 7/20/09 ORDERING that 47 MOTION for support from courts is DENIED.(Dillon, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. FIGEROE, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's document entitled "Declaration and Motion for Support from Courts" (Doc. 47). In the document, plaintiff states that he is not being allowed to make copies of his responses to defendants' discovery requests. He attaches his responses to the instant court filing and asks the court "for support on copies and give the Attorney General and Plaintiff copies of Plaintiff's response to the requests for production of documents to Plaintiff set one, Plaintiff Daniel L. Smith response to Defendants first set of interrogatories." /// /// 1 DANIEL LAWRENCE SMITH, Plaintiff, ORDER No. CIV S-07-0837-WBS-CMK-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

It appears that plaintiff wants the court to make copies of the responses and provide them to defendants' counsel and send additional copies back to plaintiff. Given that defendants' counsel has consented to accept service of documents filed with the court via email notice of filings, plaintiff's filing of the instant document with attached discovery responses in effect results in service of the discovery responses on defendants' counsel. Thus, the plaintiff's request that the court send copies to defendants' counsel will be denied as unnecessary. To the extent plaintiff asks the court to return copies of his discovery requests to him, plaintiff is advised that the court cannot make copies absent prepayment of the costs to do so. Accordingly, IT IS HEREBY ORDERED that plaintiff's document entitled "Declaration and Motion for Support from Courts" (Doc. 47) is denied.

DATED: July 20, 2009 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

2