UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
July 2, 2009
SHAUN DARNELL GARLAND, PLAINTIFF,
A. K. SKRIBNER, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR EXCERPTS OF RECORD, AND DIRECTING CLERK'S OFFICE TO SEND DOCS. 1, 8, 16, AND 18 TO PLAINTIFF (Doc. 37)
Plaintiff Shaun Darnell Garland was proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was dismissed and judgment was entered on December 24, 2008. Plaintiff filed a timely notice of appeal on January 7, 2009. On January 15, 2009, Plaintiff filed a motion seeking a copy of the excerpts of record. The motion was granted, and Plaintiff was provided with the excerpts of record provided for in Ninth Circuit Rule 30-1.4(a).*fn1
On March 3, 2009, Plaintiff filed a motion seeking copies of his original complaint, motion for a declaratory judgment and/or injunctive relief, objections, and first amended complaint. (Docs. 1, 8, 16, 18.) Plaintiff also seeks a copy of his original complaint in 2:06-cv-00400-FCD-DAD, which was transferred from the Sacramento Division to the Fresno Division on March 10, 2006, and assigned case number 1:06-cv-00270-OWW-WMW.
Plaintiff shall be provided with copies of documents 1, 8, 16, and 18 in this action. However, Plaintiff's request for a copy of the complaint in 2:06-cv-00400-FCD-DAD/1:06-cv-00270-OWW- WMW is denied. A challenge to any orders or rulings in either of those cases is not properly raised in this case, and there is no entitlement to seek, in this case, copies of documents in either of those cases.
Based on the foregoing, it is HEREBY ORDERED that:
1. Plaintiff's motion is GRANTED as to court documents 1, 8, 16, and 18, and the Clerk's Office shall send Plaintiff copies of those filings; and
2. Plaintiff's motion is DENIED as to court document 1 in case number 2:06-cv-00400-FCD-DAD/1:06-cv-00270-OWW-WMW.
IT IS SO ORDERED.