(PC) Fiorito v. United States

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL FIORITO, No. 2:24-cv-0990-TLN-CKD P 12 Plaintiff, 13 v. ORDER 14 UNITED STATES OF AMERICA, 15 Defendant. 16

17 18 On February 10, 2025, the court found service of the complaint appropriate and ordered 19 plaintiff to complete forms and submit required documents to the court for the purpose of the 20 court directing the United States Marshal to serve the defendant. (ECF No. 10.) On April 10, 21 2025, the court noted plaintiff had submitted an incomplete USM-285 form, with no service 22 address, and without the required copies of the operative complaint. (ECF No. 15.) Accordingly, 23 the court provided plaintiff further forms, ordered plaintiff to return the completed forms and 24 required copies within 30 days, and warned plaintiff that failure to do so would result in a 25 recommendation that this action be dismissed. (ECF No. 15.) 26 Plaintiff has not returned the completed forms and required copies. Instead, plaintiff has 27 filed a motion requesting various relief including advice on how to complete the USM-285 form, 28 for accommodations for disabilities, and for an extension of time. (ECF No. 16.) ] Plaintiffs request labeled as a request for accommodations for disabilities affecting court 2 || access is denied because plaintiff has not established that any specific accommodation is 3 || warranted for the purpose of litigating this case. Plaintiffs request for instruction on how to 4 | complete the USM-285 form is also denied. The court does not give legal or procedural advice. 5 || This policy applies to all parties, including attorneys and pro se litigants. 6 Plaintiff's request for another replacement copy of the complaint is also denied. Plaintiff 7 || has been provided two file-stamped copies of the complaint free of charge. (See ECF Nos. 10. 8 | 15.) Plaintiff states correctional staff misplaced his copy of the complaint sometime before March 9 || 14, 2025. After that, the Clerk of the Court provided plaintiff the second copy of the complaint 10 || pursuant to the court’s order signed on April 10, 2025. The Clerk of the Court does not ordinarily 11 || provide free copies of case documents to parties, even those proceeding in forma pauperis. See 12 | Hullom v. Kent, 262 F.2d 862, 863 (6th Cir. 1959) (holding the statutory right to proceed in 13 || forma pauperis does not include the right to obtain free copies of court orders). Plaintiff is 14 || responsible for maintaining his own records for this proceeding. Plaintiff may ask the Clerk of 15 || Court for photocopies at the rate of $0.50 per page. 16 Plaintiff's request for an extension of time will be granted. Plaintiff granted an 17 || extension of time of 60 days from the date of this order to submit the documents necessary for the 18 || court to direct the United States Marshal to serve the defendant. 19 Good cause appearing, IT IS HEREBY ORDERED as follows: 20 1. Plaintiff's motion for clarification and accommodation (ECF No. 16) is DENIED 21 except to the extent that plaintiff is GRANTED an extension of time of 60 days from 22 the date of this order to submit the documents required by the court’s order dated 23 February 10, 2025. 24 2. No further extensions of time for this purpose will be granted without a good cause 25 showing based on circumstances outside of plaintiffs control. 26 | Dated: May 7, 2025 □□ / dp ai 7 CAROLYNK. DELANEY 28 | 8, ficv0990.36usm2 UNITED STATES MAGISTRATE JUDGE