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)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Thomas Stewart, Jr., 10 Plaintiff, 11 12 No. CV 12-1163-PHX-RCB (LOA) vs. ORDER Charles L. Ryan, et al., 13 Defendants. 14 15 Plaintiff Thomas Stewart, Jr., who is confined in the Arizona State Prison 16 Complex-Yuma, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983. On 17 June 20, 2012, the Court dismissed the Complaint with leave to amend. On August 16, 18 2012, Plaintiff filed a First Amended Complaint. In a September 10, 2012 Order, the 19 Court dismissed the First Amended Complaint and this action for failure to state a claim. 20 The Clerk of Court entered judgment on the same date. 21 On December 6, 2012, Plaintiff filed a Notice of Appeal to the Ninth Circuit Court 22 of Appeals. Pending before the Court are Plaintiff’s December 21, 2012 Motion to 23 Provide Docket Sheet (Doc. 21) and January 9, 2013 Motion to Provide Documents 24 Submitted to this Court (Doc. 22). 25 I. Motions 26 Plaintiff requests a copy of the docket sheet and copies of the record in this case in 27 order to comply with the Federal Rules of Appellate Procedure. On December 6, 2012, 2 The Clerk of Court transmitted a Certificate of Record to the Ninth Circuit Court of 1 Appeals that states “[t]he record on appeal, consisting of the trial transcript (if any) and 2 the trial court clerk’s record, is ready for the purposes of the appeal.” Plaintiff is not 3 required to submit a certified copy of the docket sheet beyond what the Clerk of Court 4 has already provided to the Ninth Circuit. 5 Plaintiff’s December 21, 2012 Motion. The Court will therefore deny as moot 6 The Court will also deny the January 9, 2012 Motion to Provide Documents. 7 Plaintiff states that he needs the documents filed in this case in order to comply with Rule 8 10 of the Federal Rules of Appellate Procedure. Rule 10(a) of the Federal Rules of 9 Appellate Procedure states that the record on appeal consists of “(1) the original papers 10 and exhibits filed in the district court; (2) the transcript of proceedings, if any; and (3) a 11 certified copy of the docket entries prepared by the district clerk.” These documents have 12 already been transmitted to the Ninth Circuit by the Clerk of Court. Rule 10(b) states that 13 the Appellant has the duty to order and provide transcripts. No hearings were held in this 14 action and, therefore, there are no transcripts. The Court will therefore also deny as moot 15 Plaintiff’s Motion to Provide Documents. 16 To the extent that Plaintiff is requesting copies of documents for his own use, the 17 Clerk of Court charges 50 cents per page for reproducing any record or paper. See 18 Judicial Conference Schedule of Fees & 4, foll. 28 U.S.C. ' 1914. An inmate has no 19 right to free copies of pleadings. See In Re Richard, 914 F.2d 1526, 127 (6th Cir. 1990) 20 (per curiam) (28 U.S.C. ' 1915 “does not give a litigant a right to have documents copied 21 and returned to him at government expense”). Further, the Ninth Circuit has rejected any 22 constitutional right to unlimited free photocopying. See Johnson v. Moore, 936 F.2d 921, 23 923 (9th Cir. 1991) (per curiam), superceded on other grounds, 948 F.2d 517 (9th Cir. 24 1991) (per curiam); and Sands v. Lewis, 886 F.2d 1166, 1169 (9th Cir. 1989) (rejecting 25 any constitutional right to free and unlimited photocopying) (citing Jones v. Franzen, 697 26 F.2d 801, 803 (7th Cir. 1983) (“[B]road as the constitutional concept of liberty is, it does 27 not include the right to xerox.”). 28 ... -2- 1 IT IS ORDERED: 2 (1) 3 denied as moot. 4 (2) 5 denied as moot. 6 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. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?