Garces v. Pickett et al

Filing 91

ORDER signed by Magistrate Judge Allison Claire on 8/28/2019 DENYING 89 Motion for Copies. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUIS MANUEL GARCES,

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Plaintiff,

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v.

No. 2:17-cv-0319 JAM AC P

ORDER

J. PICKETT, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a motion requesting that the court

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order the law librarian to copy his response to the motion for judgment on the pleadings,

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including nearly 300 pages of exhibits. ECF No. 89.
As the court has previously explained to plaintiff, defendants have filed a motion for

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judgment on the pleadings, not a motion for summary judgment. ECF No. 79 at 2; ECF No. 84 at

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1-2. This means that when deciding the motion, the court will not look at any evidence other than

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what was filed with the complaint. Plaintiff should send the court only his memorandum in

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opposition to the motion and his declaration,1 since the court will not look at any of his other

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exhibits. If plaintiff wants to refer to exhibits that were filed with the complaint, the court will

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consider those documents, but plaintiff does not need to re-file them.

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The response plaintiff received from prison staff indicated that he would be allowed to make
copies of his memorandum. ECF No. 89 at 5.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for copies (ECF No. 89)

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is denied.

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DATED: August 28, 2019

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