SHEILA K. OBERTO, Magistrate Judge.
Plaintiff Andrew R. Lopez ("Plaintiff"), a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 and California law on September 10, 2010. This action is proceeding on Plaintiff's amended complaint, filed on March 23, 2012, against Defendants Garcia, Zamora, Espinosa, Jackson, Drew, Olmedo, Munoz, Fields, White, Rousseau, Martinez, Beer, Gray, Beard, and Gipson ("Defendants") for violating Plaintiff's rights under federal and state law. Plaintiff's claims arise out of his conditions of confinement at California State Prison, Corcoran in Corcoran, California.
On June 12, 2014, Plaintiff filed a motion seeking a copy of the CM/ECF
The Eastern District of California is a CM/ECF district and Defendants' counsel is required to file documents electronically. Local Rule 133(a). Pro se litigants such as Plaintiff are not permitted to use the CM/ECF system and they must submit paper documents, which are filed, scanned into the CM/ECF system, and docketed by the Clerk's Office. Local Rule 133(b)(2).
Plaintiff asserts that his lack of access to CM/ECF prejudices him with respect to the Court's and Defendants' practice of citing to CM/ECF page numbers, and he seeks CM/ECF copies from the case file to ameliorate this prejudice, at defense counsel's expense.
Plaintiff's proposition that he is prejudiced in this respect lacks merit. CM/ECF pagination is not unduly confusing. Each document entry is merely paginated consecutively. Some documents, such as Defendants' motion for summary judgment, have attachments and each attachment is separately paginated consecutively.
While it might be easier or simpler for Plaintiff to possess a copy of his file with documents bearing the CM/ECF pagination headers, his assertion of prejudice is unfounded and there is no justification for what would amount to an extraordinary deviation from applicable Federal Rules of Civil Procedure and Eastern District of California Local Rules. Plaintiff is served with all orders issued by the Court, and Defendants are required to serve him with paper copies of documents they file in this case. Fed. R. Civ. P. 5; Local Rules 133, 135. If Plaintiff believes he did not receive a document that was served or if he is served with an incomplete document, he may bring the omission to the Court's attention and request that the Court rectify it. However, Plaintiff is not entitled to a copy of the CM/ECF case file for pagination purposes.
Accordingly, for the reasons set forth herein, Plaintiff's motion is DENIED.
IT IS SO ORDERED.