Benton v. El Dorado County Sheriff's Department et al

Filing 67

ORDER signed by Magistrate Judge Allison Claire on 07/16/19 DENYING 47 , 52 motions for extended time to obtain service information for defendant Clingman; GRANTING 63 plaintiff's request for verification of IFP status; DENYING 46 , 49 ,[5 3], 55 , 59 , 64 , 65 , 66 plaintiff's other motions for court assistance. The clerk of the court is directed to send plaintiff, together with a copy of this order, copies of the undersigned's orders filed on 9/18/18 26 and 5/23/19 45 . (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRUCE BENTON,

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No. 2:15-cv-0772

Plaintiff,
v.

ORDER

EL DORADO COUNTY SHERIFF’S
DEPARTMENT, et al.,
Defendants.

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Plaintiff is an El Dorado County Jail detainee proceeding pro se and in forma pauperis

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with this civil rights action. By order filed July 9, 2019, this court directed the United States

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Marshal to serve process on sole defendant Clingman based on the information provided by El

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Dorado County. ECF No. 60. For this reason, plaintiff’s motions for extended time to obtain and

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submit the service information for defendant must be denied as moot. See ECF Nos. 47, 52.

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Plaintiff has also filed numerous requests and motions for this court’s assistance in

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helping him obtain additional access to the Jail’s law library and supporting materials, and to

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begin the discovery process. See ECF Nos. 46, 49, 53, 55, 59, 63, 64, 65, 66. However, plaintiff

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does not currently face any deadline, and the court cannot set a deadline merely for the purpose of

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providing plaintiff additional library time, assistance, and/or materials. The court will grant

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plaintiff’s request for documentation of his IFP status, ECF No. 63, and will direct the Clerk to
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send plaintiff a copy of the court order granting IFP status (ECF No. 26). Plaintiff’s other

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pending motions and requests, however, must be denied. Those filings are premature for the

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reasons previously set forth in the undersigned’s order filed May 23, 2019. See ECF No. 45.

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Because that order was served on plaintiff’s General Delivery address, he may not have received

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it; therefore, the Clerk of Court will be directed to send plaintiff a copy of the order.

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Plaintiff’s excessive and premature filings unnecessarily consume the court’s resources

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and may ultimately detract from the time the court can expend on the merits of his case. Plaintiff

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is directed to refrain from filing further matters in this action unless so directed by the court or

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authorized by court order. See Local Rule 110 (“Failure . . . of a party to comply with these

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[Local] Rules or with any order of the Court may be grounds for imposition by the Court of any

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and all sanctions authorized by statute or Rule or within the inherent power of the Court.”).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motions for extended time to obtain service information for defendant

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Clingman, ECF Nos. 47, 52, are denied as moot.

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2. Plaintiff’s request for verification of IFP status, ECF No. 63, is granted.

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2. Plaintiff’s other motions for the court’s assistance, ECF Nos. 46, 49, 53, 55, 59, 64, 65

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and 66, are denied without prejudice.
3. The Clerk of Court is directed to send plaintiff, together with a copy of this order,

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copies of the undersigned’s orders filed on September 18, 2018 (ECF No. 26) and May 23, 2019

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(ECF No. 45).

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DATED: July 16, 2019

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