(PC) Cruz v. Trevino ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GUILLERMO TRUJILLO CRUZ, Case No. 1:21-cv-00104-DAD-BAM (PC) 12 Plaintiff, ORDER DENYING MOTION FOR COPIES 13 v. (ECF No. 14) 14 TREVINO, et al., ORDER DIRECTING CLERK OF COURT TO RE-SERVE FINDINGS AND 15 Defendants. RECOMMENDATIONS (ECF No. 5) 16 17 Plaintiff Guillermo Trujillo Cruz (“Plaintiff”) is a state prisoner proceeding pro se in this 18 civil rights action pursuant to 42 U.S.C. § 1983. 19 On January 28, 2021, the Court issued findings and recommendations recommending that 20 Plaintiff’s motion for leave to proceed in forma pauperis be denied. (ECF No. 5.) Plaintiff was 21 directed to file any objections to the findings and recommendations within fourteen days. (Id.) 22 On February 16, 2021, in response to Plaintiff’s motion stating that he had been 23 transferred without his legal documents pertaining to this case, the Court granted an extension of 24 time for Plaintiff to file his objections. (ECF Nos. 8, 9.) A nearly identical motion filed on 25 February 17, 2021 was denied as moot. (ECF Nos. 10, 11.) 26 On March 12, 2021, Plaintiff filed a “Motion for Response to Magistrate Judge’s Findings 27 and Recommendations,” which was signed and dated March 7, 2021. (ECF No. 12.) Plaintiff 28 argued that he submitted objections on February 21, 2021. The Court clarified that no objections 1 have yet been received, and granted Plaintiff another thirty-day extension of time to file his 2 objections. (ECF No. 13.) 3 Currently before the Court is Plaintiff’s “Motion to Obtain (ECF No. # 12) and Objections 4 Dated: February 21, 2021,” filed March 24, 2021. (ECF No. 14.) In his motion, Plaintiff requests 5 that the Clerk of the Court return his objections entered on February 21, 2021, which he believes 6 are docketed at ECF No. 12. Plaintiff also requests a full copy of all documents filed in this 7 action as a one-time courtesy. (Id.) 8 Plaintiff’s request for the return of his objections is denied. As Plaintiff was previously 9 informed, no objections have been received by the Clerk of the Court for this action. No 10 documents dated February 21, 2021 have been received, and no documents were entered on 11 February 21, 2021. The motion docketed at ECF No. 12 is Plaintiff’s “Motion for Response to 12 Magistrate Judge’s Findings and Recommendations,” which was signed and dated March 7, 2021 13 and references the objections Plaintiff allegedly signed on February 21, 2021. Therefore, there 14 are no objections to return to Plaintiff. 15 As to Plaintiff’s request for a full copy of all documents in this action, Plaintiff is 16 informed that the Clerk of the Court does not ordinarily provide free copies of case documents to 17 parties, even those proceeding in forma pauperis. See Hullom v. Kent, 262 F.2d 862, 863 (6th 18 Cir. 1959.) Plaintiff is responsible for maintaining his own records for this proceeding. Plaintiff 19 is informed that the Clerk charges $0.50 per page for copies of documents. See 28 U.S.C. 20 § 1914(b). Copies of up to twenty pages may be made by the Clerk’s Office at this Court upon 21 written request, prepayment of the copy fees, and submission of a large, self-addressed stamped 22 envelope. Plaintiff should specifically identify which documents he wants copied. 23 However, in light of Plaintiff’s allegation that he continues to be without his legal 24 documents for this action, the Court will instruct the Clerk of the Court to re-serve a copy of the 25 Court’s January 28, 2021 findings and recommendations so that Plaintiff may prepare his 26 objections. The deadline for the filing of Plaintiff’s objections remains unchanged. 27 /// 28 /// 1 Accordingly, IT IS HEREBY ORDERED as follows: 2 1. Plaintiff’s motion for a copy of his objections filed February 21, 2021 or ECF No. 12, 3 (ECF No. 14), is DENIED as discussed above; 4 2. The Clerk of the Court is directed to re-serve the January 28, 2021 findings and 5 recommendations, (ECF No. 5), on Plaintiff at his current address of record; and 6 3. Plaintiff’s objections to the January 28, 2021 findings and recommendations remain due 7 on or before April 19, 2021. 8 IT IS SO ORDERED. 9 10 Dated: March 25, 2021 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28