Roberts v. Cox et al

Filing 51

ORDER Granting in Part and Denying in Part 50 Motion to Receive Free Copy Work From the Courts. Copy of 8 Complaint, 33 Order, 41 Answer to Complaint, and Docket Sheet mailed to Plaintiff at new address. Plaintiff's address updated to Lovelock Correctional Center. Signed by Magistrate Judge Cam Ferenbach on 11/29/11. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KEN ROBERTS,
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Plaintiff,
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v.
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JAMES GREG COX, et al.,
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Defendants.
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2:09-cv-02382-PMP -VCF
ORDER

Before the court is pro se plaintiff Ken Roberts’ Motion To Receive Free Copy Work From the
Court. (#50).

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On May 18, 2010, the court granted plaintiff’s motion/application to proceed in forma pauperis.

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(#4). The clerk filed plaintiff Roberts’ pro se prisoner civil rights complaint on August 31, 2010. (#8).

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Plaintiff alleged five claims against defendants. Id. On March 22, 2011, the court dismissed plaintiff’s

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second claim for his failure to exhaust administrative remedies and plaintiff’s retaliation claim with

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leave to amend . (#33). The court denied the motion as to the other three counts, and gave the plaintiff

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until April 18, 2011, to file an amended complaint. Id. No amended complaint has been filed.

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On June 27, 2011, the court provided plaintiff with a complete copy of the docket sheet. (#38).

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Subsequently, plaintiff filed a motion for entry of clerk’s default (#39) due to defendants’ failure to file

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an answer after the court partially granted the motion to dismiss. On August 31, 2011, the defendants

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filed their answer. (#41). On September 6, 2011, the court denied the plaintiff’s motion for entry of

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default. (#43). On September 12, 2011, plaintiff filed another motion for entry of default (#45), which

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the court denied on September 28, 2011 (#48). There are no other pending motions in this action.

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Motion To Receive Free Copy Work (#50)

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In the present motion (#50), the plaintiff asks this court to send him a copy of his “civil

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complaint, documents, orders, [and] any and all motions and pleadings made by defendants.” The

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statute providing authority to proceed in forma pauperis, 28 U.S.C. § 1915, does not include the right

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to obtain court documents without payment. Although the Ninth Circuit has not spoken on the issue,

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courts in other jurisdictions have not allowed plaintiffs proceeding in forma pauperis to receive free

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copies of documents from the court without the plaintiff demonstrating a specific showing of need. See,

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e.g., Collins v. Goord, 438 F.Supp. 2d 399 (S.D.N.Y. 2006); Guinn v. Hoecker, 43 F.3d 1483 (10th Cir.

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1994) (no right to free copy of any document in record unless plaintiff demonstrates specific need); In

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re Richard, 914 F.2d 1526 (6th Cir. 1990) (28 U.S.C. § 1915 does not give litigant right to have

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documents copied at government expense); Douglas v. Green, 327 F.2d 661, 662 (6th Cir. 1964) (no

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free copy of court orders).

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Here, plaintiff asserts that he needs copies of the documents because he has been transferred

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several times in the last couple months, and, as a result, his “civil complaint and documents, as well as

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other items of value, were lost.” (#50). On September 20, 2011, October 19, 2011, and October 26,

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2011, plaintiff was transferred between four different correctional facilities. Id. He contends that since

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he is proceeding in forma pauperis, he has no funds to replace the lost documents. Id. The court finds

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that plaintiff has demonstrated a specific showing of need for the copies. See, e.g., Collins, 438 F.Supp.

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2d 399; Guinn, 43 F.3d 1483; In re Richard, 914 F.2d 1526; Douglas, 327 F.2d 661, 662.

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The only necessary documents at this stage in the litigation are the docket sheet, the plaintiff’s

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complaint (#8), the court’s order dismissing claims (#33), and the defendants’ answer to the complaint

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(#41). The plaintiff does not need copies of any motions made by the defendants in order to proceed,

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as the court has already ruled on the motions and the docket sheet reflects the court’s rulings.

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Accordingly, and for good cause shown,

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IT IS ORDERED that pro se plaintiff Ken Roberts’ Motion To Receive Free Copy Work From

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the Court (#50) is GRANTED in part and DENIED in part.

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IT IS THEREFORE ORDERED that the Clerk shall mail a copy of the complete docket sheet,

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the plaintiff’s complaint (#8), the court’s order (#33), and the defendants’ answer to the complaint (#41)

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to the plaintiff at the address indicated on his change of address form attached to the motion (#50):

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Lovelock Correctional Center, 1200 Prison Road, Lovelock, Nevada, 89419.

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DATED this 29th day of November, 2011.

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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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