Ashker v. Cate et al

Filing 35

ORDER by Judge Claudia Wilken GRANTING PLAINTIFFS 33 MOTION FOR DEFENDANTS TO PHOTOCOPY HIS OPPOSITION. (ndr, COURT STAFF) (Filed on 7/6/2011)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 United States District Court For the Northern District of California 10 11 12 13 No. 09-02948 CW TODD ASHKER, Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION FOR DEFENDANTS’ TO PHOTOCOPY HIS OPPOSITION v. MATHEW CATE, et al., Defendants. / 14 15 16 Pro se Plaintiff Todd Ashker, an inmate at Pelican Bay State 17 Prison (PBSP), moves for an order for Defendants to photocopy his 18 opposition to Defendants’ motion for summary judgment. 19 states that California Department of Corrections and Rehabilitation 20 Operations Manual § 101120.15 prohibits PBSP staff from duplicating 21 legal documents exceeding 100 pages in the absence of a court order 22 directing the duplication. 23 consists of a fifteen-page brief, an eleven-page declaration and 24 250 pages of exhibits and because, in total, it is over 100 pages, 25 PBSP staff may not photocopy it. 26 Plaintiff Plaintiff states his opposition Because Plaintiff is opposing a motion for summary judgment, 27 in which he must submit evidence to raise a triable issue of 28 material fact, the Court grants Plaintiff’s motion and orders PBSP 1 staff to duplicate Plaintiff’s opposition, declaration and 2 exhibits. 3 4 IT IS SO ORDERED. 5 6 Dated: 7/6/2011 CLAUDIA WILKEN United States District Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 TODD ASHKER, Case Number: CV09-02948 CW 4 Plaintiff, CERTIFICATE OF SERVICE 5 v. 6 MATHEW CATE et al, 7 Defendant. 8 9 United States District Court For the Northern District of California 10 11 12 / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on July 6, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 13 14 17 Todd Ashker C58191 D1-119 Pelican Bay State Prison P.O. Box 7500 Crescent City, CA 95532 18 Dated: July 6, 2011 15 16 19 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk 20 21 22 23 24 25 26 27 28 3

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