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Gonzales v. Garcia

United States District Court, S.D. California

November 6, 2019

ANTHONY C. GONZALES, CDCR #AH-5287, Plaintiff,
v.
NICHOLE GARCIA, Defendant.

          ORDER: 1) GRANTING PLAINTIFF'S MOTION FOR A PHOTOCOPY OF PLAINTIFF'S PREVIOUSLY-LODGED EARLY NEUTRAL EVALUATION STATEMENT [Doc. 26] AND 2) DIRECTING THE CLERK OF COURT TO MAIL A COPY OF PLAINTIFF'S EARLY NEUTRAL EVALUATION STATEMENT TO PLAINTIFF

          HON. RUTH BERMUDEZ MONTENEGRO UNITED STATES MAGISTRATE JUDGE

         I. INTRODUCTION

         Anthony C. Gonzales ("Plaintiff), a California prisoner proceeding in pro per and in forma pauperis, filed a Complaint pursuant to 42 U.S.C. § 1983 ("Section 1983"). (See generally Docs. 1, 3.) Plaintiff claims Calipatria State Prison ("Calipatria") staff member Nichole Garcia ("Garcia") violated Plaintiffs Eighth Amendment right to adequate medical care. (Doc. 1 at 2-6.)[1] Garcia answered the Complaint and the undersigned subsequently issued an Order Setting an Early Neutral Evaluation ("ENE") and Case Management Conference ("CMC"), setting the ENE/CMC for September 25, 2019. (Doc. 12.) Plaintiff timely lodged an ENE Statement in compliance with the Court's Order. Garcia subsequently filed an Ex Parte Application to Continue the ENE/CMC ("EPA"). (Doc. 15.) The Court granted Garcia's EPA and reset the ENE/CMC to a later date. (Doc. 16.) Next, the Court sua sponte vacated the ENE/CMC and subsequently reset the ENE/CMC to November 20, 2019 at 9:30AM. (Docs. 17, 22.)

         II. PLAINTIFF'S REQUEST FOR PHOTOCOPY OF ENE STATEMENT

         Plaintiff mailed a "Request to the Cour[t] for a Copy of the ENE Statement that is Lodged in Chambers" to the undersigned's chambers, which was subsequently forwarded to the Clerk of Court and filed nunc pro tunc to November 1, 2019. (Docs. 25-26.) Plaintiff alleges he could not photocopy his ENE Statement prior to lodging it with the Court due to Calipatria's lockdown at the time which impeded Plaintiffs access to the law library.

         Parties to an action must refrain from writing ex parte letters to the Judge. CivLR 83.9. All matters to be called to a Judge's attention should be formally submitted as provided in the Civil Local Rules. Id. Notwithstanding the foregoing, the Court liberally construes Plaintiffs request as a Motion for a Photocopy of Plaintiff s Previously-Lodged ENE Statement. See Blaisdell v. Frappiea, 729 F.3d 1237, 1241 (9th Cir. 2013) (courts liberally construe pro se litigants' filings, relieving them from "strict application of procedural rules and demands . . .").

         It is not within the purview of the Court to provide copies of papers or pleadings to litigants. However, Plaintiff is a pro se prisoner who did not have access to a copying machine at the time he submitted his ENE Statement. Plaintiff s ENE Statement, including exhibits, is only fourteen pages. Rule 16(c), Fed.R.Civ.P. and Civil Local Rule 16.1(b) requires all parties to prepare and participate in good faith at pretrial conferences such as ENEs. Given the foregoing circumstances, Plaintiffs Motion for a Photocopy of Plaintiff s Previously-Lodged ENE Statement is GRANTED. However, Plaintiff is CAUTIONED that the Court will not, as a matter of course, provide photocopies.

         III. CONCLUSION AND ORDER

         For the foregoing reasons, the Court:

         1. GRANTS Plaintiff s Motion for a Photocopy of Plaintiff s Previously-Lodged ENE Statement;

         2. DIRECTS the Clerk of Court to mail a copy of Plaintiff s previously-lodged ENE Statement dated August 12, 2019, to Plaintiffs address of record. Plaintiffs ENE Statement is CONFIDENTIAL, therefore, Clerk of Court SHALL NOT MAIL PLAINTIFF'S ENE STATEMENT TO DEFENDANT; and

         3. DIRECTS the parties to proceed with the ENE/CMC as scheduled pursuant to the Court's Order of October 1, 2019. (Doc. 22.) The ENE/CMC will take place on November 20, 2019 at 9:30AM at United States Courthouse, 2003 W. Adams Ave., El Centro, CA 92243. Plaintiff is not required to submit a supplemental confidential ENE Statement, but may do so if he wishes to alert the Court to any change in settlement position.

         IT ...


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