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Mitchell v. Hernandez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 19, 2010

SHAULTON J. MITCHELL, PLAINTIFF,
v.
HERNANDEZ, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DISREGARDING REQUEST FOR HEARING TRANSCRIPT AND DENYING REQUEST FOR COPY OF OBJECTIONS WITHOUT PREJUDICE

(Doc. 63)

Plaintiff Shaulton J. Mitchell ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation. Plaintiff is proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff's motion entitled "Request For the De Novo and One Phone Copy of the Objection Motion filed by this Appellant." (Doc. 63.) Plaintiff requests that the Court provide Plaintiff with hearing transcripts for the de novo review, and a photo copy of Plaintiff's objections to the Court's findings and recommendations.

Plaintiff misunderstands the statement "de novo review." "De novo review" means that the District Judge reviewed the undersigned's Findings and Recommendations and Plaintiff's objections without giving any deference to the undersigned's findings. There was no hearing that occurred. Accordingly, Plaintiff's request for hearing transcripts is DISREGARDED.

Plaintiff is also not entitled to copies of filings at the Court's expense, even if Plaintiff is proceeding in forma pauperis. Plaintiff was notified of this requirement in the Court's first informational order, filed November 30, 2007. (Doc. 12, First Informational Order.) If Plaintiff submits funds to pay for the copying, the Court will order a copy to be made. Copies of documents from the court file may be obtained at the cost of fifty cents per page. (First Informational Order ¶ 3.) Plaintiff's objections are 42 pages long.

Accordingly, Plaintiff's motion for a copy of the objections is DENIED, without prejudice.

IT IS SO ORDERED.

20100519

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