Ellison v. The Georgia Military College et al

Filing 16

ORDER denying 15 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 117-017

*

THE GEORGIA MILITARY COLLEGE

*

FOUNDATION, INC., a/k/a GEORGIA
MILITARY COLLEGE, et al.,

*
*
*

Defendants.

*

ORDER

Plaintiff, proceeding pro se, filed a motion seeking copies
of court documents without prepayment of costs in this closed
case.

(Doc. 15.)

Plaintiff asserts that she is entitled to the

requested documents without prepayment of costs because she was

previously granted leave to proceed in forma pauperis in this
matter and is ''unable to pay the costs of case doc\aments without
enduring

financial

hardship

later."

(Id.;

but

see

Doc.

5

(denying Plaintiff's motion to proceed in forma pauperis in this
matter).)

Plaintiff

asserts

that

she

needs

the

requested

documents "for purposes of legal evidence or research."
15.)

(Doc.

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

Doye V. Colvin, CV408-174, 2009 WL 764980, at *1 (S.D. Ga. Mar.

23, 2009).

''While the in forma pauperis statute provides access

to the court to an indigent litigant by permitting the waiver of

prepayment

of

fees

authorizes courts

necessary

and

costs,

no

provision

of

that

statute

to commit federal monies for payment of the

expenses

in

a

civil

suit

brought

by

an

indigent

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

("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 prisoner-

plaintiff, 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

foxwa

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. 15.) is DENIED.

ORDER ENTERED at Augusta, Georgia this

day of March,

2018.

J. RAimAL HALE, CHIEF JUDGE
STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA