DAKER v. OWENS et al
Filing
69
ORDER adopting 14 Report and Recommendations; denying 3 Motion for Preliminary Injunction; denying 4 Motion to Compel; denying 8 Motion for Preliminary Injunction. The Court DIRECTS Defendants to provide Plaintiff with ten (10) additional sheets of paper per week so that Plaintiff receives thirty (30) sheets of paper per week. Ordered by Judge C. Ashley Royal on 6/28/2013 (lap)
THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
WASEEM DAKER,
Plaintiff,
v.
BRIAN OWENS, et al.,
Defendants
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Civil Action
No. 5:12‐cv‐459 (CAR)
ORDER ON RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Currently before the Court is United States Magistrate Judge Stephen Hyles’s
Recommendation [Doc. 14] to deny Plaintiff’s three Motions for Preliminary
Injunctions/TROs1 [Docs. 3, 4, & 8]. Plaintiff has filed two Objections to the
Recommendation [Docs. 23 & 38]. Thereafter, Defendant, in accordance with this
Court’s order, filed a response to Plaintiff’s Objections [Doc. 52] to which Plaintiff filed
a reply [Doc. 54]. Upon a de novo review of the Motions, the Recommendation,
Plaintiff’s Objections, Defendant’s response thereto, and the relevant legal authorities,
the Court agrees with the reasoning and findings of the Magistrate Judge in his
Recommendation. Thus, the Recommendation is hereby ADOPTED AND MADE THE
The Court construes Plaintiff’s Motion to Compel Photocopying as a motion for a preliminary injunction
or TRO.
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ORDER OF THE COURT. Accordingly, Plaintiff’s Motions for Preliminary
Injunctions/TROs [Docs. 3, 4, & 8] are hereby DENIED, but, as explained below, the
Court DIRECTS Defendants to provide Plaintiff with ten (10) additional sheets of
paper per week so that Plaintiff receives thirty (30) sheets of paper per week.
BACKGROUND
Plaintiff filed his Complaint raising a number of claims arising out of his
confinement in the Special Management Unit (“SMU”) at Georgia Diagnostic and
Classification Prison (“GD&CP”). Plaintiff claims he was placed in SMU upon his
arrival at GD&CP solely in retaliation for filing lawsuits during a prior period of
incarceration.
In addition to the suit before this Court, Plaintiff apparently has multiple
lawsuits currently pending in both federal and state courts, including a habeas action in
the Northern District of Georgia; a petition for writ of certiorari to the United States
Supreme Court from the Eleventh Circuit’s denial of a certificate of appealability; a state
habeas petition in the Superior Court of Cobb County regarding his 1996 conviction;
and his 2010 criminal case in Cobb County Superior Court. Because Plaintiff has all of
these cases pending, he filed the current Motions for Preliminary Injunction claiming
Defendants have unlawfully denied his right to access the courts. Specifically, Plaintiff
seeks an order from this Court directing Defendants to provide him with either access
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to a law library, Lexis or Westlaw, or legal materials, and access to a photocopier.
Moreover, in his Objections, Plaintiff states that the twenty (20) sheets of paper
Defendants currently provide him each week are insufficient to litigate his cases and
requests Defendants provide him more paper.
The Court agrees with the Recommendation that Plaintiff fails to establish both
the merits of his claim that Defendants have unconstitutionally denied access to the
courts and the prospect of his suffering irreparable injury; therefore his Motions for
Preliminary Injunction must be denied at this time. Despite Plaintiff’s objections
otherwise, his filings dispel his claims that he has suffered irreparable injury from
Defendants’ alleged denial of his access to legal research materials. Moreover, Plaintiff
has failed to establish that he has suffered any actual injury in order to receive relief
1983 based on the denial of copying privileges.2 Plaintiff has not shown that any
presentation of his case has been impeded because of Defendant’s actions.3 Moreover, it
appears Plaintiff is seeking unlimited free copies in pursuit of his legal relief. Inmates
do not generally have a constitutional right to free photocopies.4
The Court, however, points out to Defendants that there are circumstances
See Wilson v. Blankenship, 163 F.3d 1284, 1290 (11th Cir. 1998); see also Wanninger v. Davenport, 697 F.2d
992, 992 (11th Cir. 1983) (to bring an access‐to‐courts claim, plaintiff must allege “actual injury in the
pursuant of specific types of nonfrivolous cases: direct or collateral attacks on sentences and challenges to
conditions of confinement.”).
3 Wilson, 163 F.3d at 1290‐91 (citing Lewis v. Casey, 518 U.S. 343, 350‐51 (1996).
4 See Wanniger, 697 F.2d at 992 (“prisoner’s right of access to the courts does not include the right of free
unlimited access to a photocopying machine.”).
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whereby Defendants might be required to provide photocopying services to Plaintiff in
order to preserve his access to the courts.5 “[W]hen numerous copies of often lengthy
complaints or briefs are required, it is needlessly draconian to force an inmate to hand
copy such materials when a photocopying machine is available and the inmate is able
and willing to compensate the state for its use. Allowing inmates to pay for and receive
photocopies of the legal materials required by the courts is part of the ‘meaningful
access’ to courts that inmates are constitutionally entitled to.”6 Defendants must
provide Plaintiff reasonable accommodations to ensure he has meaningful access to the
courts, and if Plaintiff establishes he is able to pay for photocopies of lengthy legal
documents, Defendant must provide him with such services.7
In his Objections, Plaintiff states that without photocopying services, the twenty
(20) sheets of paper Defendants provide him per week are insufficient to litigate his
cases. Due to the number of cases Plaintiff is currently litigating, the Court orders
Defendants to provide Plaintiff with thirty (30) sheets of paper per week. In granting
Plaintiff these additional resources, the Court expects Plaintiff to use the additional
sheets of paper judiciously and refrain from submitting redundant or otherwise
Id. at 993, n.1.
Id. (quoting Johnson v. Parke, 642 F.2d 377, 380 (10th Cir. 1981)).
7 See Daker v. Ferrero, Case. No. 1:03‐cv‐02481‐RWS, N.D. Ga. Nov. 24, 2004 [Doc. 39] (Order granting
plaintiff’s motion to compel copies and ordering defendants “to provide photocopies to Plaintiff of all
material to be submitted to the Court in this litigation so as to permit for filing and service, as well as the
retention of one copy by Plaintiff for his records. Plaintiff’s account may be debited or ‘frozen’ at the rate
of ten cents per page for any photocopies made pursuant to this Order.”)
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frivolous motions and other filings to the courts.
CONCLUSION
For the reasons set forth above, the Recommendation is hereby ADOPTED AND
MADE THE ORDER OF THE COURT. Accordingly, Plaintiff’s Motions for
Preliminary Injunctions/TROs [Docs. 3, 4, & 8] are hereby DENIED, but Defendants are
DIRECTED to provide Plaintiff with ten (10) additional sheets of paper per week so
that Plaintiff receives thirty (30) sheets of paper per week.
SO ORDERED, this 28th day of June, 2013.
SSH
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
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