Stewart v. Ryan et al
Filing
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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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