Cox v. Hiland et al
Filing
77
MEMORANDUM OPINION & ORDER denying 76 Motion for copies of record; copy request form sent to plaintiff pursuant to order. Signed by Chief Judge Thomas B. Russell on 4/11/2011. cc:counsel (KJA)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
PADUCAH DIVISION
CASE NO.: 5:09-CV-00043-TBR
CLAUDE R. COX
PLAINTIFF
v.
STEVE HILAND, MD, et al.
DEFENDANTS
MEMORANDUM OPINION AND ORDER
By Memorandum Opinion and Order entered January 11, 2011, this Court denied
Plaintiff's request for copies of the entire record without cost. Plaintiff has now filed a second
motion seeking the same relief, this time advising that he needs the documents "for my court of
appeal's case so I can appeal the case." The record, however, reflects that Plaintiff does not have
an appeal pending in the Sixth Circuit Court of Appeals, and because the Court dismissed this
case months ago on August 5, 2010, any appeal filed at this time is untimely. See Fed. R. App.
P. 4(a). In any event, the federal in forma pauperis statute under 28 U.S.C. § 1915(a), “does not
give the litigant a right to have documents copied and returned to him at government expense.”
In re Richard, 914 F.2d 1526, 1527 (6th Cir. 1990); Douglas v. Green, 327 F.2d 661, 662 (6th
Cir. 1964) (“The statutory right to proceed in forma pauperis, Section 1915(a), Title 28 United
States Code, does not include the right to obtain copies of court orders without payment
therefor.”).
Furthermore, the Court sent Plaintiff a copy of each memorandum opinion and order
entered in this case, and none of those documents have been returned to the Court by the U.S.
Postal Service.
IT IS THEREFORE ORDERED that Plaintiff's second request for copies without cost is
DENIED. The Court previously directed the Clerk of Court to send Plaintiff a copy of the
docket sheet. The Court now DIRECTS the Clerk of Court to send Plaintiff a Copy Request
Form to fill out should Plaintiff desire to pay for the copies. The Court will not consider any
further motions for copies without cost filed in this action.
April 11, 2011
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