Young v. Owens et al

Filing 109

ORDER granting in part and denying in part 107 Motion for Copies. Mr. Cobb may purchase case records in the captioned matter by tendering payment in the amount of $255.50 before the records may be provided. Signed by Chief Judge J. Randal Hall on 10/22/2018. (pts)

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

DAMON YOUNG,

Plaintiff,
CV 613-032

V.

Commissioner BRIAN OWENS;

ARNOLD SMITH, Director; Chaplin
Director DANNY HORNE; Warden

BRUCE CHATMAN; Chaplin VALIANT
LYTE; Deputy Warden JOHN
PAUL; D.O.C. CENTRAL OFFICE
ADMINISTRATION; RANDY TILLMAN,

Facilities Operation Director;
JOHNNY SIKES, Facilities
Operation Deputy Director; JACK
KOON, Administration Support
Svcs.; TOM MCELHENNEY,

Offender Administration Manager; *
JACKIE L. KELSEY, Offender
Administration Asst. Manager;
SUZANNE YORK, Center
Referral Coordinator,
Defendants.

ORDER

Pending before the Court is a motion filed by Kenneth Cobb,

a state prisoner not a party to this action, requesting copies of
the entire record for this case and challenging the fees for those

records.

(Doc. 107.)

Mr. Cobb's motion is hereby GRANTED IN PART

and DENIED IN PART.

Mr. Cobb is required to pay the copying costs for the case
records he seeks at $0.50 per page for a total of $255.50 before

the records will be provided to him.

Mr. Cobb contends that the

Georgia Open Records Act {''GORA") sets a limit of $0.10 per page
for copies and does not require advanced payment for fees totaling
less than $500.00.

O.C.G.A. §§ 50-18-71{c), (d).

The GORA,

however, is inapplicable to this Court, which is a branch of the
federal government, not the State of Georgia.

The GORA requires an ''agency" to not impose copying fees of
more than $0.10 per page.
defined

to include

state

O.C.G.A. § 50-18-71{c).
departments,

"Agency" is

councils, agencies, and

commissions, as well as counties, municipal governments, cities,

school districts, and other political subdivisions of the State of

Georgia.

O.C.G.A. §§ 50-18-70(b) {1), 50-14-1(a) {1).

Noticeably

absent from the definition are federal courts operating within the
State.

Therefore, the GORA does not apply here.

Accordingly, the Court GRANTS Mr. Cobb's request for case
records but DENIES his request to not tender advanced payment.

To

obtain the records, Mr. Cobb must tender advanced payment at the
standard rate of $0.50 per page.

ORDER ENTERED at Augusta, Georgia, this

of October,

2018.

^

J. R!^N£^ HALL/ CHIEF JUDGE
uniteBstates district court
'HERN

DISTRICT OF GEORGIA