Ware v. McDonald et al

Filing 64

ORDER signed by Magistrate Judge Kendall J. Newman on 06/05/14 ordering plaintiff's request for a copy of his motion for extension of time to oppose the motion to dismiss 62 is denied without prejudice. Plaintiff's request for a copy of the 05/01/14 order 62 is granted. The clerk of the court shall re-serve a copy of the 5/01/14 order 61 on plaintiff at his current address. Plaintiff shall file his opposition to defendants' motion for summary judgment on or before 07/14/14. Defendants' reply, if any, shall be filed within 7 days thereafter. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARTIN WARE,

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No. 2:12-cv-1505 TLN KJN P
Plaintiff,

v.

ORDER

M. McDONALD, et al.,
Defendants.

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On May 19, 2014, plaintiff filed a request for copies of court documents no longer in his

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possession due to his recent transfer from administrative segregation and difficulties with his

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cellmate. Plaintiff states that he no longer has a copy of his request for extension of time to

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oppose defendants’ motion to dismiss, or a copy of the court’s order explaining the requirements

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for opposing defendants’ motion for summary judgment. Normally, parties are required to pay

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for copies of court documents, even if proceeding in forma pauperis. However, because

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defendants filed their motion for summary judgment on May 30, 2014, and plaintiff is under a

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deadline to oppose the motion, the court will direct the clerk to re-serve a copy of the May 1,

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2014 order on plaintiff’s current address. But defendants’ motion to dismiss was denied by the

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May 1, 2014 order; therefore, plaintiff’s request for a copy of his request for extension of time to

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oppose defendants’ motion to dismiss requires no further response from plaintiff, and the court

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will not require the clerk to provide a copy of such document free of charge.

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In light of plaintiff’s request, plaintiff is also granted an extension of time to oppose the
motion for summary judgment.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for a copy of his motion for extension of time to oppose the motion

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to dismiss (ECF No. 62) is denied without prejudice;

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2. Plaintiff’s request for a copy of the May 1, 2014 order (ECF No. 62) is granted;

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3. The Clerk of the Court is directed to re-serve a copy of the May 1, 2014 order (ECF

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No. 61) on plaintiff at his current address; and

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4. Plaintiff shall file his opposition to defendants’ motion for summary judgment on or

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before July 14, 2014. Defendants’ reply, if any, shall be filed within seven days

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thereafter.

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Dated: June 5, 2014

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/ware1505.cop

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