Securities and Exchange Commission v Behrens, et al

Filing 348

MEMORANDUM AND ORDER (with attached docket entries). Behrens' motion for copies (filing 342 ) is denied. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
vs.

8:08-CV-13
MEMORANDUM AND ORDER

BRYAN S. BEHRENS, et al.,
Defendants.
This matter is before the Court on a filing from pro se defendant Bryan
S. Behrens that the Court interprets, as it relates to this case, as a motion for
copies (filing 342). That motion will be denied.
Behrens does not have the right to receive copies of documents without
payment, even though he has been granted leave to proceed on appeal in
forma pauperis. See, 28 U.S.C. § 1915; Lewis v. Precision Optics, Inc., 612
F.2d 1074, 1075 (8th Cir. 1980). The statutory right to proceed in forma
pauperis does not include the right to obtain copies of court filings without
payment. Harless v. United States, 329 F.2d 397, 398-99 (5th Cir. 1964);
accord Jackson v. Fla. Dep't of Fin. Servs., 479 Fed. Appx. 289, 292-93 (11th
Cir. 2012); see also, Douglas v. Green, 327 F.2d 661, 662 (6th Cir. 1964);
Hullom v. Kent, 262 F.2d 862, 863-64 (6th Cir. 1959); In re Fullam, 152 F.2d
141, 141 (D.C. Cir. 1945). And the Court is particularly reluctant to subsidize
such litigation when the indigent litigant has neither specified the documents
he has requested nor explained why he needs copies of them. See, Jackson,
479 Fed. Appx. at 293; Douglas, 327 F.2d at 662; Parker v. Dir. of Dep't of
Corrs, 2010 WL 7746630, at *1 (E.D. Va. Feb. 16, 2010).
Here, Behrens has submitted a non-specific request for "a copy of all
the billing records submitted and approved by the Court." Filing 342 at 1.
The Court has attached to this order a copy of the docket entries that the
Court interprets as being responsive to that request: 22 documents totaling
150 pages. Behrens has not explained why he needs these documents, nor is
the Court in any event obliged to subsidize Behrens' litigation expenses.
Accordingly, Behrens' motion for copies (filing 342) will be denied.

Behrens has at least three other options for obtaining these documents:
(a)

Behrens may request the copies again from the Clerk of the
Court (preferably using the attached list of docket entries
to specify which documents he wants) and submit the
prepayment for copy services required by NEGenR 1.2(d).
Pursuant to NEGenR 1.2(f) and the fee schedule set by the
Administrative Office of the United States Courts, the
charge for reproducing any record or paper is 50¢ per page.
The charge for all the documents reflected on the attached
list would, therefore, be $75.

(b)

Behrens may ask a family member, friend, or other
associate to go to the U.S. Courthouse in Lincoln or Omaha
during regular business hours and purchase paper copies of
documents accessed electronically from the public
terminals available in the clerk's office. Pursuant to
NEGenR 1.3(a)(1)(A)(iii) and the fee schedule for electronic
public access set by the Administrative Office of the United
States Courts, the fee for such copies is 10¢ per page.

(c)

Behrens may contact his former civil counsel to see if
counsel retained copies of the documents that Behrens
wants, and ask counsel if they are willing to provide copies
of those documents to Behrens.

The Court also notes Behrens' filing of a request that the Clerk of the
Court provide copies of documents to the Eighth Circuit Court of Appeals
(filing 343). The Clerk of the Court has done as Behrens requested. See filing
345. The Court takes this opportunity to inform Behrens, however, that his
request may have been unnecessary. Rule 30A(a)(2) of the Eighth Circuit
Local Rules provides:
In all pro se appeals, the entire district court record is available
for review. If the record is available in electronic format, the
court will review the electronic version of the record. At the time
a pro se notice of appeal is filed, the clerk of the district court
must transmit to the clerk of this court the originals or paper
copies of those portions of the original record which are not
available through PACER, such as documentary exhibits,
administrative records and state court files.
-2-

In filing 343, Behrens requested documents that all had CM/ECF filing
numbers: documents that were, in other words, available electronically.
Behrens is informed, for his own future convenience and the convenience of
the clerk's office, that he does not need to ask the clerk of the district court to
forward electronically available records to the Court of Appeals.
IT IS ORDERED:
1.

Behrens' motion for copies (filing 342) is denied.

Dated this 11th day of July, 2013.
BY THE COURT:

John M. Gerrard
United States District Judge

-3-

U.S. District Court
District of Nebraska (8 Omaha)
ABRIDGED CIVIL DOCKET FOR CASE #: 8:08−cv−00013−JMG−CRZ
Receiver's Fees
Securities and Exchange Commission v. Behrens, et al
Assigned to: Judge John M. Gerrard
Referred to: Magistrate Judge Cheryl R. Zwart
Case in other court: USCA − 8th Circuit, 13−02450
Cause: 15:78m(a) Securities Exchange Act

Date Filed: 01/10/2008
Jury Demand: Plaintiff
Nature of Suit: 850
Securities/Commodities
Jurisdiction: U.S. Government Plaintiff

Date Filed

#

Docket Text

02/17/2009

93 MOTION for Release of Funds for Receiver's Compensation and Expenses by
Attorney Thomas D. Stalnaker on behalf of Receiver Thomas D. Stalnaker.
(Attachments: # 1 Exhibit Stalnaker, Becker &Buresh, P.C. Statement)(Stalnaker,
Thomas) (Entered: 02/17/2009)

02/17/2009

94 MOTION for Release of Funds for Accountant for Receiver's Compensation by
Attorney Thomas D. Stalnaker on behalf of Receiver Thomas D. Stalnaker.
(Attachments: # 1 Exhibit Dan T. Pleiss Statement)(Stalnaker, Thomas) (Entered:
02/17/2009)

02/19/2009

95 ORDER approving 93 Application for Receiver's Compensation and
Reimbursement of Expenses, and approving 94 Application for Accountant's
Compensation. Ordered by Judge Laurie Smith Camp. (JB) (Entered: 02/19/2009)

04/28/2009

108 MOTION for Release of Funds for Accountant's Compensation by Attorney
Thomas D. Stalnaker on behalf of Receiver Thomas D. Stalnaker. (Attachments: #
1 Exhibit Daniel T. Pleiss Statement)(Stalnaker, Thomas) (Entered: 04/28/2009)

04/28/2009

110 MOTION for Release of Funds For Receiver's Compensation and Reimbursement
of Expenses by Attorney Thomas D. Stalnaker on behalf of Receiver Thomas D.
Stalnaker. (Attachments: # 1 Exhibit Stalnaker, Becker &Buresh, P.C.
Statement)(Stalnaker, Thomas) (Entered: 04/28/2009)

05/08/2009

111 ORDER approving 108 Motion for Release of Funds; approving 110 Motion for
Release of Funds; the court approves the payment of $9,795.87 to Thomas D.
Stalnaker, Receiver, as compensation for his services and the services of members
of his law firm, and reimbursement for expenses; and payment of $990.00 to
Daniel T. Pleiss, C.P.A., as compensation for his services as the Receiver's
accountant. Said amounts are to be paid from the Disgorgement Fund as provided
in the Court's Order of July 28, 2008. (Filing No. 85). Ordered by Judge Laurie
Smith Camp. (ADB, ) (Entered: 05/08/2009)

07/21/2009

129 MOTION for Release of Funds For Accountant's Compensation by Attorney
Thomas D. Stalnaker on behalf of Receiver Thomas D. Stalnaker. (Attachments: #
1 Exhibit "A" − Pleiss Statements)(Stalnaker, Thomas) (Entered: 07/21/2009)

07/22/2009

132 ORDER − This matter is before the Court on the Third Application for
Accountant's Compensation 129 Having been advised in the premises, the Court
approves the Application in its entirety, and specifically approves the payment of
$2,212.65 to Daniel T. Pleiss, C.P.A., as compensation for his services as the
Receiver's accountant. Said amount is to be paid from the Disgorgement Fund as
provided in the Court's Order of July 28, 2008 85 . Ordered by Judge Laurie Smith
Camp. (KBJ) (Entered: 07/23/2009)

07/24/2009

135 Amended MOTION for Release of Funds by Attorney Thomas D. Stalnaker on
behalf of Receiver Thomas D. Stalnaker. (Attachments: # 1 Exhibit "A" −
Stalnaker, Becker &Buresh, P.C. Statement)(Stalnaker, Thomas) (Entered:
07/24/2009)

07/28/2009

138 ORDER that the Court approves the Revised Third Application 135 in its entirety,
and specifically approves the payment of $22,703.81 to Thomas D. Stalnaker,
Receiver, as compensation for his services and the services of members of his law
firm, and reimbursement for expenses. Said amount is to be paid from the
Disgorgement Fund as provided in the Court's Order of 7/28/08 85 . The Third
Application for Receiver's Compensation and Reimbursement of Expenses 131
shall be denied as moot. Ordered by Judge Laurie Smith Camp. (JSF) (Entered:
07/28/2009)

11/19/2009

170 MOTION for Release of Funds − 4th by Attorney Thomas D. Stalnaker on behalf
of Receiver Thomas D. Stalnaker. (Attachments: # 1 Exhibit Stalnaker, Becker
&Buresh, P.C. Statement)(Stalnaker, Thomas) (Entered: 11/19/2009)

11/23/2009

176 ORDER that the Court approves the Fourth Application 170 in its entirety, and
specifically approves the payment of $21,089.10 to Thomas D. Stalnaker,
Receiver, as compensation for his services and the services of members of his law
firm, and reimbursement for expenses. Said amount is to be paid from the
Disgorgement Fund as provided in the Court's Order of July 28, 2008 85 . Ordered
by Judge Laurie Smith Camp. (JSF) (Entered: 11/24/2009)

03/31/2010

198 MOTION for Release of Funds For Receiver's Compensation and Reimbursement
of Expenses by Attorney Thomas D. Stalnaker on behalf of Receiver Thomas D.
Stalnaker. (Attachments: # 1 Exhibit Stalnaker, Becker &Buresh, P.C.
Statement)(Stalnaker, Thomas) (Entered: 03/31/2010)

04/07/2010

201 ORDER granting 198 Motion for Release of Funds. Having been advised in the
premises, the Court approves the Fifth Application (Filing No. 198 ) in its entirety,
and specifically approves the payment of $19,400.58 to Thomas D. Stalnaker,
Receiver, as compensation for his services and the services of members of his law
firm, and reimbursement for expenses. Said amount is to be paid from the
Disgorgement Fund as provided in the Court's Order of July 28, 2008. (Filing No.
85 ). Ordered by Judge Laurie Smith Camp. (JAB) (Entered: 04/07/2010)

04/14/2010

202 MOTION for Release of Funds For Accountant's Compensation by Attorney
Thomas D. Stalnaker on behalf of Receiver Thomas D. Stalnaker. (Attachments: #
1 Exhibit Pleiss Statements)(Stalnaker, Thomas) (Entered: 04/14/2010)

04/16/2010

204 ORDER the fourth application for accountant's compensation 202 ; having been
advised in the premises, the Court approves the application in its entirety, and
speciifically approves the payment of $495.00 to Daniel T. Pleiss, C.P.A., as
compensation for his services as the Receiver's accountant. Said amount is to be
paid from the Disgorgement Fund as provided in the Court's order of 7/28/2008 85
as ordered by Judge Laurie Smith Camp. (SED) (Entered: 04/19/2010)

09/10/2010

215 MOTION for Release of Funds by Attorney Thomas D. Stalnaker on behalf of
Receiver Thomas D. Stalnaker. (Attachments: # 1 Exhibit "A")(Stalnaker, Thomas)
(Entered: 09/10/2010)

09/17/2010

217 ORDER − the Court approves the Sixth Application 215 in its entirety, and
specifically approves the payment of $17,811.20 to Thomas D. Stalnaker,
Receiver, as compensation for his services and the services of members of his law
firm, and $566.21 for reimbursement of expenses, for a total payment of $18,
377.41. Said amount is to be paid from the Disgorgement Fund as provided in the
Court's Order of July 28, 2008 85 . Ordered by Judge Laurie Smith Camp. (JAE)
(Entered: 09/17/2010)

06/07/2012

290 MOTION for Release of Funds 7th Application for Receiver's Compensation and
Reimbursement of Expenses, MOTION to Remand by Attorney Thomas D.
Stalnaker on behalf of Receiver Thomas D. Stalnaker. (Attachments: # 1 Exhibit
Stalnaker, Becker &Buresh, PC Statement)(Stalnaker, Thomas) (Entered:
06/07/2012)

06/14/2012

291 MOTION for Release of Funds For Accountant's Compensation by Attorney
Thomas D. Stalnaker on behalf of Receiver Thomas D. Stalnaker. (Attachments: #
1 Exhibit "A")(Stalnaker, Thomas) (Entered: 06/14/2012)

06/28/2012

292 ORDER − This matter is before the Court on the Seventh Application for
Receiver's Compensation and Reimbursement of Expenses (Filing No. 290 ).

Having been advised in the premises, the Court approves the Seventh Application
(Filing No. 290 ) in its entirety, and specifically approves the payment of
$24,235.80 to Thomas D. Stalnaker, Receiver, as compensation for his services and
the services of members of his law firm, and $1,376.42 for reimbursement of
expenses, for a total payment of $25,612.22. Said amount is to be paid from the
Disgorgement Fund as provided in the Court's Order of July 28, 2008. (Filing No.
85 ). Ordered by Chief Judge Laurie Smith Camp. (GJG) (Entered: 06/28/2012)
07/03/2012

293 ORDER approving 291 Motion for Release of Funds − The Court approves the
Application in its entirety, and specifically approves the payment of $879.45 to
Daniel T. Pleiss, C.P.A., as compensation for his services as the Receiver's
accountant. Said amount is to be paid from the Disgorgement Fund as provided in
the Court's Order of July 28, 2008. (Filing No. 85 ). Ordered by Chief Judge Laurie
Smith Camp. (TEL) (Entered: 07/03/2012)