Matheis v. CDCR
- Proceeding
- district
- Area
- civil
- Panel
- Gonzalo P. Curiel (author)
Analysis
Plaintiff Brian Thomas Matheis, an indigent prisoner, requested a copy of the Local Rules for the Southern District of California, citing his inability to access the internet or afford a copy. The Court granted the request, ordering the Clerk's Office to mail a copy of the Civil Local Rules to the Plaintiff.
| What the court decided | The model |
|---|---|
Granting Plaintiff's request for a copy of the Local Rules“Good cause appearing, the Court GRANTS Plaintiff's request for a copy of the Local Rules.” | agree with court The court's decision is consistent with the practice of providing necessary procedural documents to indigent litigants to ensure access to the courts, particularly when the litigant cannot otherwise obtain them. While the general rule is that courts do not provide copies, the exception for indigent prisoners seeking to comply with district procedures is well-supported by the cited district case law. |
The order itself: sound — The order correctly identifies the general rule that courts do not provide copies of local rules and cites appropriate authority (Tabron and Tedder) to explain why indigent status does not automatically waive all litigation costs. However, it then correctly distinguishes this general rule by citing district-specific precedent (Salas) that allows for exceptions for indigent prisoners needing the rules to prosecute their cases. The reasoning is concise but logically sound and supported by the cited authorities.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BRIAN THOMAS MATHEIS, Case No.: 20-cv-2100-GPC-AHG 12 Plaintiff, ORDER GRANTING PLAINTIFF’S 13 v. REQUEST FOR A COPY OF THE LOCAL RULES 14 CDCR et al., 15 Defendants. [ECF No. 26] 16 17 On February 23, 2021, this Court conducted a telephonic hearing. In the hearing, 18 Plaintiff orally requested for a copy of the Local Rules. ECF No. 26. Plaintiff explained 19 his inability to access the internet, and his indigent status to afford a copy from the prison 20 law library. 21 Generally, the Court does not provide parties with copies of the Local Rules. 22 Copies are available free of charge on its website (www.casd.uscourts.gov) or by paying 23 the $3.00 fee, plus $2.00 for postage. Cf. Tabron v. Grace, 6 F.3d 147, 159 (3d Cir. 24 1993) (discussing how courts are not authorized “to commit federal monies for payment 25 of the necessary expenses in a civil suit brought by an indigent litigant”); Tedder v. Odel, 26 890 F.2d 210, 211 (9th Cir. 1989) (discussing how the in forma pauperis statue, 28 27 1 U.S.C. § 1915, does not waive costs of litigation other than the filing of the complaint 2 ||and service of process by the U.S. Marshal). 3 However, courts in this district have granted incarcerated plaintiffs’ requests for 4 ||copies of the Local Rules when plaintiffs sought to comply with the district’s procedures. 5 || See, e.g., Salas v. Candelario, No. 3:20-cv-00324-WQH-AHG, 2020 U.S. Dist. LEXIS 6 || 150326, at *2 (S.D. Cal. Aug. 19, 2020) (collecting cases). Here, Plaintiff has 7 ||represented that he may need the Local Rules for future filings and to prosecute the case. 8 || Given Plaintiff's in forma pauperis status, ECF No. 8, the Court finds it appropriate, on 9 || this one occasion, to provide Plaintiff with a copy of the local rules as requested. 10 Good cause appearing, the Court GRANTS Plaintiff's request for a copy of the 11 Local Rules. The Clerk’s Office is ORDERED to mail a copy of the Civil Local Rules 12 || for the United States District Court Southern District of California to Plaintiff along with 13 copy of this Order. 14 IT IS SO ORDERED. 15 16 || Dated: February 24, 2021 2 7 Hon. athe Ck 18 United States District Judge 19 20 21 22 23 24 25 26 27 28 20-ev-2100-GPC-AHG