Arellano v. Blahnik
Filing
168
ORDER Regarding Motion to be Sent Copies of Certain Documents [Doc. No. 167 ]. Signed by Judge Cathy Ann Bencivengo on 10/28/2020. (All non-registered users served via U.S. Mail Service)(anh)
Case 3:16-cv-02412-CAB-MSB Document 168 Filed 10/28/20 PageID.2204 Page 1 of 3
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
SOUTHERN DISTRICT OF CALIFORNIA
10
11
RAUL ARELLANO,
Case No.: 16cv2412-CAB-MSB
Plaintiff,
12
13
14
ORDER REGARDING MOTION TO
BE SENT COPIES OF CERTAIN
DOCUMENTS [Doc. No. 167]
v.
BLAHNIK,
Defendant.
15
16
17
On October 27, 2020, Plaintiff filed a motion to be sent print out of certain
18
documents. [Doc. No. 167.] Specifically, Plaintiff requests a copy of Docket Nos. 8, 13
19
and 15. [Doc. No. 167 at 2.]
20
While “prisoners have a constitutional right of access to the courts,” Bounds v.
21
Smith, 430 U.S. 817, 821 (1977), there is no constitutional right to receive photocopies
22
free of charge. Sands v. Lewis, 886 F.2d 1166, 1169 (9th Cir. 1990), overruled on other
23
grounds by Lewis v. Casey, 518 U.S. 343, 351 (1996); see also Jones v. Franzen, 697
24
F.2d 801, 803 (7th Cir. 1983) (“[B]road as the constitutional concept of liberty is, it does
25
not include the right to xerox.”); Wanninger v. Davenport, 697 F.2d 992, 994 (11th Cir.
26
1983) (finding no violation of “appellant's constitutional rights when [prison officials]
27
refused to provide him with free photocopies....”); Reynolds v. Wagner, 128 F.3d 166,
28
183 (3d Cir. 1997) ( [T]here is no First Amendment right to subsidized [legal] mail or
1
16cv2412-CAB-MSB
Case 3:16-cv-02412-CAB-MSB Document 168 Filed 10/28/20 PageID.2205 Page 2 of 3
1
photocopying.”).
2
The rule prohibiting free photocopies is the same for plaintiffs proceeding in forma
3
pauperis. See In re Richard, 914 F.2d 1526, 1527 (6th Cir. 1990) (Title 28 U.S.C. section
4
1915 “waives only ‘prepayment of fees and costs and security ...’ [but] does not give the
5
litigant a right to have documents copied and returned to him at government expense.”);
6
Hadsell v. Comm'r Internal Revenue Service, 107 F.3d 750, 752 (9th Cir. 1997); Dixon v.
7
Ylst, 990 F.2d 478, 480 (9th Cir. 1993) (explaining that title 28 U.S.C. section 1915—
8
governing proceedings in forma pauperis—does not waive the payment of fees or
9
expenses required for an indigent's witnesses); Tedder v. Odel, 890 F.2d 210, 211–12 (9th
10
Cir. 1989) (per curiam) (quoting United States v. MacCollom, 426 U.S. 317, 321 (1976)
11
(holding that “the expenditure of public funds [on behalf of an indigent litigant] is proper
12
only when authorized by Congress,” and that 28 U.S.C. section 1915 does not provide
13
such authorization); Tabron v. Grace, 6 F.3d 147, 159 (3d Cir. 1993) (courts are not
14
authorized “to commit federal monies for payment of necessary expenses in a civil suit
15
brought by an indigent litigant.”); St. Hilaire v. Winhelm, 1996 WL 119505 (9th Cir. Mar.
16
18, 1996) (“There is no statutory requirement for the government to provide a litigant
17
proceeding in forma pauperis with copies of deposition transcripts.”). Nevertheless,
18
“although a prisoner does not have an unlimited right to free copying, some reasonable
19
means of access to a photocopy machine will be necessary to protect an inmate's right of
20
access to the courts.” Armstrong v. Scribner, 2008 WL 268974, at *20 (S.D. Cal. Jan. 30,
21
2008) (quoting Giles v. Tate, 907 F. Supp. 1135, 1138 (S.D. Ohio 1995)).
22
Plaintiff claims he needs Docket Nos. 8, 13 and 15 to prepare for issues related to
23
punitive damages, which may be the subject of a future motion for summary judgment.
24
[See Doc. No. 165 at 2.] While Plaintiff is not necessarily entitled to copies of those
25
documents, in the interests of moving this case forward and assisting Plaintiff in
26
preparing for the upcoming motion, the Court GRANTS Plaintiff’s request.
27
28
Therefore, IT IS HEREBY ORDERED: The Clerk of the Court shall send to
Plaintiff, along with a copy of this order, a copy of Docket Nos. 8, 13, and 15.
2
16cv2412-CAB-MSB
Case 3:16-cv-02412-CAB-MSB Document 168 Filed 10/28/20 PageID.2206 Page 3 of 3
1
Going forward, Plaintiff should retain a copy of any documents he thinks he may
2
need to reference later. If Plaintiff should need further copies of any court documents
3
from the Clerk of the Court, they may be purchased at $0.50 per page.
4
Dated: October 28, 2020
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
16cv2412-CAB-MSB
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?