Gaines v. CA Dept. of Corrections, et al.

Filing 18

ORDER re 17 Request for Copy of First Amended Complaint, signed by District Judge Ralph R. Beistline on 3/1/16. (Verduzco, M)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
THURMAN GAINES,
Case No. 1:15-cv-00587-RRB
Plaintiff,
vs.

ORDER RE: REQUEST FOR COPY
OF FIRST AMENDED COMPLAINT
[DOCKET 17]

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

At Docket 17 Plaintiff Thurman Gaines a California state prisoner appearing pro se
and in forma pauperis, has requested the Court provide him with a copy of his First
Amended Complaint.
Unfortunately, Plaintiff has no constitutional right to have the court provide him free
copies of documents in the court’s file.1 The expenditure of public funds on behalf of an
indigent is proper only when authorized by Congress.2 Consequently, in forma pauperis
status does not entitle Plaintiff to free copies in the court file.3
Accordingly, the Request for a copy of the First Amended Complaint is DENIED.

1

Cf. Sands v. Lewis, 886 F.2d 1166, 1169 (9th Cir.1990) (noting that “numerous courts
have rejected any constitutional right to free and unlimited photocopying” by prisoners),
2
3

Tedder v. Odel, 890 F.2d 210, 211–12 (9th Cir. 1989).

See 28 U.S.C. § 1915; see e.g., In re Richard, 914 F.2d 1526, 1527 (6th Cir.1990) (Court
concluded that 28 U.S.C. § 1915, the in forma pauperis statute, “does not give the [prisoner] litigant
a right to have documents copies and returned to him at government expense”).

Concurrently with this Order, the Clerk of the Court is directed to provide Gaines
with a copy of the form for ordering copies of the court file and the District Court
Miscellaneous Fee Schedule
IT IS SO ORDERED this 1st day of March, 2016
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

ORDER RE: RE REQUESDT FOR COPY OF FIRST AMENDED COMPLAINT
Gaines v. CDCR, 1:15-cv-00587-RRB – 2