Petersen v. Buyard ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KYLE PETERSEN, 1:20-cv-00954-DAD-EPG 12 Plaintiff, 13 v. ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS 14 MEKISHA BUYARD (ECF No. 7) 15 Defendant. and 16 17 ORDER DIRECTING UNITED STATES PENITENTIARY LOMPOC TO FORWARD 18 PAYMENT OF INMATE FILING FEE 19 and 20 ORDER GRANTING, IN PART, AND DENYING, IN PART REQUEST FOR COPY 21 OF FILED COMPLAINT AND IFP FORMS, AND DIRECTING CLERK TO SEND COPY 22 OF COMPLAINT (ECF NO. 1) TO PLAINTIFF 23 (ECF No. 4) 24 25 26 Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983. On July 16, 2020, 27 the Court ordered Plaintiff to pay the $400 filing fee or submit a completed application to proceed 28 in forma pauperis. On July 23, 2020, Plaintiff moved for a copy of his filed complaint and for in 1 forma pauperis forms. (ECF No. 4). On July 27, 2020, Plaintiff filed a declaration in support of a 2 request to proceed in forma pauperis. (ECF No. 5). The Court treats this declaration as a motion 3 for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the 4 showing required by § 1915(a) and accordingly, the request to proceed in forma pauperis will be 5 granted. 6 Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. 7 § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of 8 the preceding month’s income credited to the plaintiff’s trust account. The Warden of United 9 States Penitentiary Lompoc (or his or her designee) is required to send to the Clerk of the Court 10 payments from the plaintiff’s account each time the amount in the account exceeds $10.00, until 11 the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 12 Plaintiff also seeks a copy of his complaint and a copy of in forma pauperis forms. The 13 latter request is moot and the Court will deny it. 14 With respect to his complaint, Plaintiff is advised that the Clerk of Court does not 15 ordinarily provide free copies of case documents to parties. The Clerk charges $.50 per page for 16 copies of documents. See 28 U.S.C. § 1914(a). Copies of up to twenty pages may be made by the 17 Clerk’s Office at this Court upon written request and prepayment of the copy fees. Even upon 18 granting Plaintiff with leave to proceed in forma pauperis, such status does not entitle him to free 19 copies of documents from the Court. 20 In this instance, in light of the fact that Plaintiff has shown a need for a copy as he has no 21 other, see Spisak v. State of Nevada, No. 2:05–cv–01147–JCM–PAL, 2007 WL 1612293, *3 (D. 22 Nev. June 1, 2007), and because Plaintiff’s Complaint is not voluminous, the Court will make a 23 one-time exception and provide Plaintiff with a free copy of his original Complaint. In the future, 24 Plaintiff must retain a copy of all documents submitted to the Court. The Court will not look 25 favorably on future requests for free copies of filed documents. 26 In accordance with the above and good cause appearing therefore, IT IS HEREBY 27 ORDERED that: 28 1. Plaintiff's application to proceed in forma pauperis is GRANTED; wOAOe UVES ITPA SMU Ia ee PY VI 1 2. The Warden of United States Penitentiary Lompoc (or his or her designee) shall 2 collect payments from the plaintiff’s jail trust account in an amount equal to twenty per 3 cent (20%) of the preceding month’s income credited to the plaintiffs trust account and 4 shall forward those payments to the Clerk of the Court each time the amount in the 5 account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of 6 $350.00 has been collected and forwarded to the Clerk of the Court. The payments shall 7 be clearly identified by the name and number assigned to this action. 8 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 9 plaintiff’s in forma pauperis application on the Warden of United States Penitentiary 10 Lompoc, via the court's electronic case filing system (CM/ECF) or via mail at 3901 Klein ll Blvd., Lompoc, CA 93436. D 4. The Clerk of the Court is directed to serve a copy of this order on the Financial B Department, U.S. District Court, Eastern District of California, Sacramento Division. 4 5. The Court GRANTS Plaintiff's motion for a copy of his filed Complaint but 15 DENIES his request for a copy of in forma pauperis forms as moot. 16 6. The Clerk of Court is respectfully directed to send a copy of Plaintiff's complaint (ECF No. 1) to Plaintiff. 18 | Ir IS SO ORDERED. 19 | Dated: _July 29, 2020 [Je hey — UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28