Ellison v. The Consolidated City of Augusta et al

Filing 19

ORDER denying 18 Motion for Order, to receive case documents without prepayment of cost. Signed by Chief Judge J. Randal Hall on 03/05/2018. (jlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

SHARON BUSH ELLISON,

Plaintiff,

*
*

*

V.

CV 116-175

*

THE CONSOLIDATED CITY OF

*

AUGUSTA, et al.,

*
■k

Defendants.

*

ORDER

Plaintiff, proceeding pro se,
of

court

case.

filed a motion seeking copies

documents without prepayment

(Doc.

18. )

of

costs

in

this

closed

Plaintiff asserts that she is entitled to the

requested documents without prepayment of costs because she was

previously granted leave

to proceed in

forma pauperls in this

matter and is ''unable to pay the costs of case documents without
enduring

financial

Plaintiff
purposes

asserts
of

hardship
that

legal

she

evidence

later."
needs
or

(Id. ;

the

see

requested

research."

also

documents

(Doc.

"While the in forma pauperis statute provides access to

an

indigent

litigant

*1

(S.D.

by permitting

Ga.

Doye v.

2009) .

to

at

Yet

CV408-174,

court

764980,

"for

Colvin,

the

WL

6. )

18.)

"[l]itigants must bear their own litigation expenses."
2009

Doc.

Mar.

the waiver

23,

of

prepayment

of

fees

authorizes courts

necessary

and

costs,

no

provision

of

that

statute

to commit federal monies for payment of

expenses

in

a

civil

suit

brought

by

an

the

indigent

litigant." Id. (internal quotations and citations omitted)); see
also Wanninger v. Davenport, 697 F.2d 992, 994 (11th Cir. 1983)

C'A prisoner's right of access to the court does not include the

right of free unlimited access to a photocopying machine . . .
."); Jackson v. Florida Dep't of Fin. Servs., 479 F. App'x 289,
292-93

(11th

Cir.

2012)

(''This

Court

has

never

held

that

a

prisoner's right of access to the courts entitles a prisonerplaintiff, even one proceeding in forma pauperis, to free copies
of

court

documents,

including

his

own

pleadings.").

Indeed,

"[t]he statutory right to proceed in forma pauperis does not

include the right to obtain copies of court orders, indictments,

and transcript of record, without payment therefor, for use in
proposed or prospective litigation."

Harless v. United States,

329 F.2d 397, 398-99 (5th Cir. 1964) (citations omitted); see
also Porter v. Dep't of Treasury, 564 F.3d 176, 180 n.3 (3d Cir.

2009)

("[T]he

granting

filing fees only.

of

IFF

status

exempts

litigants

from

It does not exempt litigants from the costs

of copying and filing documents; service of documents other than
the

complaint;

costs;

expert

witness

fees;

or

sanctions."

(internal citations omitted)); Hullom v. Kent, 262 F.2d 862, 863

(6th

Cir.

1959)

("The

statutory

right

to

proceed

in

forma

pauperis does not include the right to obtain copies of court
orders without payment therefor." (internal citations omitted)).

Accordingly,

upon

due

consideration,

Plaintiff's

motion

seeking copies of court documents without prepayment of costs
(doc. 18.) is DENIED.

ORDER ENTERED at Augusta, Georgia this

day of March,

2018.

J. RAITOAL'HALL, CHIEF JUDGE

UNIT|;Z) STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA