Navarro v. Herdon et al

Filing 230

ORDER signed by Magistrate Judge Kendall J. Newman on 09/14/18 ORDERING that defendants shall respond to plaintiff's 09/10/18 motion within 7 days of the date of this order. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIO NAVARRO,

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No. 2: 09-cv-1878 KJM KJN P

Plaintiff,
v.

ORDER

DEBRA HERNDON, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On August 8, 2018 the parties settled this action following a settlement

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conference.

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On September 10, 2018, plaintiff filed a motion alleging that the California Department of

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Corrections and Rehabilitation (“CDCR”) wrongly charged him $131.76 for copies of documents,

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from his central and medical files, that he received from defendants during discovery. Plaintiff

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alleges that defense counsel had informed plaintiff that he would not be charged for these copies.

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Plaintiff alleges that CDCR wrongly deducted the money for these copies from the money he

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received from the settlement.

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Attached to plaintiff’s motion is a copy of defendants’ reply brief in support of their

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summary judgment motion. (ECF No. 229 at 10.) In response to plaintiff’s declaration in support

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of his opposition, defendants stated, in relevant part, “There is no evidence that any redaction to
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the free copies he was provided of his Central File documents denied him access to information

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relevant to his claims…” (Id. (italics added).)

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Accordingly, IT IS HEREBY ORDERED that defendants shall respond to plaintiff’s

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September 10, 2018 motion within seven days of the date of this order.

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Dated: September 14, 2018

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