Lout v. Jovanovich et al

Filing 61

ORDER denying 54 Request to Obtain One Set of Free Documents Electronically Filed. Signed by Magistrate Judge John Johnston on 9/26/2016. Copy mailed to Lout. (ASG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
JEFFERY J. LOUT,

CV 15-00055-H-DLC-JTJ

Plaintiff,
vs.

ORDER

ROXANNE TUSS, et al.,
Defendants.
Plaintiff, Jeffery Lout, a prisoner proceeding in forma pauperis and without
counsel, has filed a “Request to Obtain his One Set of Free Documents
Electronically Filed Consisting of those filed by the Plaintiff for his Records.”
(Doc. 54.) Mr. Lout argues that pursuant to Judicial Conference Policy, he is
entitled to one free copy of all documents electronically filed. (Doc. 54.)
Presumably, Mr. Lout is referring to the Notice of Electronic Filing (NEF) which
accompanies all documents filed electronically. The NEF provides as follows:
“Judicial Conference of the United States policy permits attorneys of record and
parties in a case (including pro se litigants) to receive one free electronic copy of
all documents filed electronically, if receipt is required by law or directed by the
filer.” There is, however, no such policy which requires the Clerk of Court’s
Office to print off a free copy of an entire case file. In fact, the Electronic Public
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Access Fee Schedule for the United States Courts provides that the fee for printing
any record is $0.10 per page. Mr. Lout was advised of this fee in the June 19, 2015
Notice of Case Opening which provided:
Pro se litigants proceeding in forma pauperis are not exempt from
other fees and costs associated with prosecuting their actions,
including but not limited to copying and witness fees. It is important
to realize that even if you are proceeding with an action in forma
pauperis, neither the Court nor the Clerk’s office can make copies for
you free of charge. Copies of documents in your file cannot be
provided to you by the Clerk’s Office without a charge of $0.10 per
page which must be pre-paid at the time that you make your request.
Therefore, you should always keep a copy, for your own records, of
all documents that you sent to the Court or to the Clerk’s Office.
(Doc. 2 at 4.)
Accordingly, IT IS HEREBY ORDERED that Mr. Lout’s “Request to
Obtain his One Set of Free Documents Electronically Filed Consisting of those
filed by the Plaintiff for his Records.” (Doc. 54) is DENIED.
DATED this 26th day of September, 2016.

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