(PC) Medley v. Pfitzer ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THEODORE MEDLEY, No. 2:22-cv-00227 TLN DB P 12 Plaintiff, 13 v. ORDER 14 S. PFITZER, et al., 15 Defendants. 16 17 Plaintiff Theodora Medley is appearing pro se and in forma pauperis in this civil rights 18 action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 3, 2022, this case 20 was transferred to this court from the United States District Court for the Central District of 21 California by order of Magistrate Judge Margo A. Rocconi. (ECF No. 64.) This court dismissed 22 the two complaints in this action and directed plaintiff to file an amended complaint. (ECF No. 23 72.) Plaintiff has now filed a motion for an extension of time to file an amended complaint. 24 (ECF No. 80.) This motion also contains requests copies of documents on the docket and for 25 advice regarding claims he wishes to bring. (ECF No. 80.) 26 Plaintiff’s requests that he be provided with the copies of the prior complaints filed in this 27 action. (Id. at 2.) Plaintiff appears to argue that he should be given copies as he is proceeding in 28 forma pauperis. (Id.) In forma pauperis status does not include the cost of copies. See Jones v. 1 Kuppinger, 2018 WL 1116692, *1 (E.D. Cal. 2018); Medina v. Emard, 2008 WL 4472972, *1 2 no.1 (E.D. Cal. 2008). The Clerk’s Office will provide copies of documents and of the docket 3 sheet at $0.50 per page. However, as a one-time courtesy to plaintiff, the court will order 4 petitioner be provided with copies of the complaint portion of plaintiff’s First Amended 5 Complaint and Supplemental Pleading. 6 Plaintiff also appears to request guidance regarding an Eleventh Amendment claim he 7 wishes to bring. (See ECF No. 80 at 5-7.) The court cannot provide legal advice to plaintiff. 8 Plaintiff is advised to refer to the courts February 11, 2022 order (ECF No. 72) for general 9 information about what must be included in a complaint and a summary of a few claims which 10 can be brought under 28 U.S.C. § 1983. 11 Finally, plaintiff moves an extension of time to file an amended complaint. (ECF No. 80 12 at 7.) Plaintiff states that he presently has “no [access to the] law library” and that needs 13 additional time to prepare an amended complaint. Good cause appearing, plaintiff’s request for 14 an extension of time will be granted. 15 //// 16 //// 17 //// 18 //// 19 //// 20 //// 21 //// 22 //// 23 //// 24 //// 25 //// 26 //// 27 //// 28 //// 1 CONCLUSION 2 For the foregoing reasons, and good cause appearing, IT IS HEREBY ORDERED as 3 follows: 4 1. Plaintiff’s motion for an extension of time (ECF No. 80) is granted. 5 2. Plaintiff is granted sixty days from the date of this order in which to file a second 6 amended complaint. 7 3. Along with this order, the Clerk of the Court is directed to send plaintiff a copy of: 8 • The complaint portion (pages 1-21) of the First Amended Complaint (ECF No. 9 10); and 10 • The complaint portion (pages 1-14) of the Supplemental Pleadings (ECF No. 60). 11 DATED: May 18, 2022 12 13 14 15 16 17 18 DB:14 DB/DB Prisoner Inbox/Civil Rights/R/medl0227.request 19 20 21 22 23 24 25 26 27 28