Putzer v. Attal., et al.,

Filing 29

ORDER Denying without prejudice 27 Plaintiff's Motion for Clerk to Mail Plaintiff Free of Charge a File Stamped Copy of Every Document Submitted to the Court. Signed by Magistrate Judge Carl W. Hoffman on 4/3/14. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DAVID SAUL PUTZER,

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Plaintiff,
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vs.
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SHMUEL ATTAL, et al.,
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Defendants.
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__________________________________________)

Case No. 2:13-cv-00165-APG-CWH
ORDER

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This matter is before the Court on Plaintiff’s Motion for Clerk to Mail Plaintiff Free of
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Charge a File Stamped Copy of Every Document Submitted to the Court (#27), filed on April 2,
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2014. The Court notes that Plaintiff was a prisoner at the time his in forma pauperis application
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was submitted, but is not currently incarcerated. As such, he has no copy work limit. Accordingly,
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the Court will consider Plaintiff’s request for copies of the entire docket without reference to the
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relevant standard regarding copy work limits.
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The statute providing authority to proceed in forma pauperis, 28 U.S.C. § 1915, does not
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include the right to obtain court documents without payment. “The granting of an application to
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proceed in forma pauperis does not waive the applicant’s responsibility to pay expenses of
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litigation that not covered by 28 U.S.C. § 1915.” LSR 1-8. Although the Ninth Circuit has not
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spoken on the issue, courts in other jurisdictions have not permitted plaintiffs proceeding in forma
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pauperis to receive free copies of documents from the court without the plaintiff demonstrating a
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specific showing of need. See, e.g., Collins v. Goord, 438 F.Supp. 2d 399 (S.D.N.Y. 2006); Guinn
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v. Hoecker, 43 F.3d 1483 (10th Cir. 1994) (no right to free copy of any document in record unless
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plaintiff demonstrates specific need); In re Richard, 914 F.2d 1526 (6th Cir. 1990) (28 U.S.C. §
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1915 does not give litigant right to have documents copied at government expense); Douglas v.
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Green, 327 F.2d 661, 662 (6th Cir. 1964) (no free copy of court orders).

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Here, Plaintiff has not stated any specific reason that he needs the documents he requests.

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He simply states that he no longer possesses the items. Therefore, Plaintiff’s Motion will be denied

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without prejudice. If Plaintiff does have a specific need for these documents, he may file a renewed

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motion for the documents which states his specific need and provides a financial affidavit to

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demonstrate he cannot afford to pay for the copies.

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Clerk to Mail Plaintiff Free of

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Charge a File Stamped Copy of Every Document Submitted to the Court (#27) is denied without

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prejudice.

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DATED: This 3rd day of April, 2014.

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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