Stewart v. Ryan et al

Filing 23

ORDER Plaintiff's December 21, 2012 Motion to Provide Docket Sheet (Doc. 21 ) is denied as moot. Plaintiff's January 9, 2013 Motion to Provide Documents (Doc. 22 ) is denied as moot. Signed by Senior Judge Robert C Broomfield on 2/25/2013.(KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Thomas Stewart, Jr.,

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Plaintiff,

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No. CV 12-1163-PHX-RCB (LOA)

vs.

ORDER

Charles L. Ryan, et al.,

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Defendants.

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Plaintiff Thomas Stewart, Jr., who is confined in the Arizona State Prison

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Complex-Yuma, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983. On

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June 20, 2012, the Court dismissed the Complaint with leave to amend. On August 16,

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2012, Plaintiff filed a First Amended Complaint. In a September 10, 2012 Order, the

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Court dismissed the First Amended Complaint and this action for failure to state a claim.

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The Clerk of Court entered judgment on the same date.

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On December 6, 2012, Plaintiff filed a Notice of Appeal to the Ninth Circuit Court

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of Appeals. Pending before the Court are Plaintiff’s December 21, 2012 Motion to

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Provide Docket Sheet (Doc. 21) and January 9, 2013 Motion to Provide Documents

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Submitted to this Court (Doc. 22).

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I.

Motions

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Plaintiff requests a copy of the docket sheet and copies of the record in this case in

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order to comply with the Federal Rules of Appellate Procedure. On December 6, 2012,

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The Clerk of Court transmitted a Certificate of Record to the Ninth Circuit Court of

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Appeals that states “[t]he record on appeal, consisting of the trial transcript (if any) and

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the trial court clerk’s record, is ready for the purposes of the appeal.” Plaintiff is not

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required to submit a certified copy of the docket sheet beyond what the Clerk of Court

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has already provided to the Ninth Circuit.

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Plaintiff’s December 21, 2012 Motion.

The Court will therefore deny as moot

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The Court will also deny the January 9, 2012 Motion to Provide Documents.

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Plaintiff states that he needs the documents filed in this case in order to comply with Rule

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10 of the Federal Rules of Appellate Procedure. Rule 10(a) of the Federal Rules of

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Appellate Procedure states that the record on appeal consists of “(1) the original papers

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and exhibits filed in the district court; (2) the transcript of proceedings, if any; and (3) a

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certified copy of the docket entries prepared by the district clerk.” These documents have

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already been transmitted to the Ninth Circuit by the Clerk of Court. Rule 10(b) states that

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the Appellant has the duty to order and provide transcripts. No hearings were held in this

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action and, therefore, there are no transcripts. The Court will therefore also deny as moot

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Plaintiff’s Motion to Provide Documents.

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To the extent that Plaintiff is requesting copies of documents for his own use, the

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Clerk of Court charges 50 cents per page for reproducing any record or paper. See

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Judicial Conference Schedule of Fees & 4, foll. 28 U.S.C. ' 1914. An inmate has no

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right to free copies of pleadings. See In Re Richard, 914 F.2d 1526, 127 (6th Cir. 1990)

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(per curiam) (28 U.S.C. ' 1915 “does not give a litigant a right to have documents copied

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and returned to him at government expense”). Further, the Ninth Circuit has rejected any

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constitutional right to unlimited free photocopying. See Johnson v. Moore, 936 F.2d 921,

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923 (9th Cir. 1991) (per curiam), superceded on other grounds, 948 F.2d 517 (9th Cir.

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1991) (per curiam); and Sands v. Lewis, 886 F.2d 1166, 1169 (9th Cir. 1989) (rejecting

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any constitutional right to free and unlimited photocopying) (citing Jones v. Franzen, 697

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F.2d 801, 803 (7th Cir. 1983) (“[B]road as the constitutional concept of liberty is, it does

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not include the right to xerox.”).

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...

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IT IS ORDERED:

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(1)

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denied as moot.

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(2)

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denied as moot.

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Plaintiff’s December 21, 2012 Motion to Provide Docket Sheet (Doc. 21) is

Plaintiff’s January 9, 2013 Motion to Provide Documents (Doc. 22) is

DATED this 25th day of February, 2013.

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