Barber v. Williams et al

Filing 16

ORDER that 15 Motion to Extend Copywork Limit is denied. Signed by Magistrate Judge Carl W. Hoffman on 10/1/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LARRY BARBER,

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Plaintiff,
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vs.
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STEVE WILLIAMS, et al.,
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Defendants. )
__________________________________________)

Case No. 2:13-cv-00538-GMN-CWH
ORDER

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This matter is before the Court on Plaintiff Larry Barber’s Motion to Extend Prison
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Copywork Limit (#15), filed on September 23, 2013. Plaintiff is a prisoner in the custody of the
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Nevada Department of Corrections (NDOC). On July 8, 2013, Plaintiff was granted leave to
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proceed in forma pauperis pursuant to 28 U.S.C. § 1915 and instructed to file an amended
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complaint more fully articulating his claim. See Order (#6). On September 10, 2013, the Court
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entered its screening order finding that Plaintiff had pled facts sufficient to support a Section 1983
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Fourth Amendment claim. See Screening Order (#11).
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DISCUSSION
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A prisoner does not have a right to free photocopying. Johnson v. Moore, 948 F.2d 517,
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521 (9th Cir. 1991); Sands v. Lewis, 886 F.2d 1166, 1169 (9th Cir.1989) (stating “numerous courts
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have rejected any constitutional right to free and unlimited photocopying”). Nevada Department of
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Corrections Administrative Regulation 722 (“Inmate Legal Access”) provides that “[c]opies of
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legal documents requested by inmates may be made for a nominal fee.” Nevada Department of
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Corrections Administrative Regulation (NDOC AR) 722.01(9). “Inmates can only accrue a
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maximum of $100 debt for copy work expenses for all cases, not per case.” See NDOC AR
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722.01(9)(D). Plaintiff acknowledges that he has exceeded his prison copy limit and requests that
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the Court order the NDOC to increase his copy work limit.

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A court may order a prison to provide additional photocopying when the petitioner

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demonstrates that an increase is necessary for an inmate to provide copies to the court and other

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parties. See Cf., Allen v. Clark County Detention Center, 2011 WL 886343 *2 (D. Nev.). Plaintiff

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has failed to demonstrate in the present motion that an increase is necessary. There is no indication

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that petitioner’s prisoner account has insufficient funds for petitioner to replenish his copy work

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limit. In addition, Nevada prisons provide inmates with carbon paper to enable inmates to

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reproduce writings without the use of photocopies. See NDOC AR 702.01(9)(E) (“Carbon paper

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should be made available to any inmate who requests this item for legal purposes”). Accordingly,

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the Court will deny the motion to extend prison copywork limit (#15).

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Based on the foregoing and good cause appearing therefore,

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Extend Copywork Limit (#15) is

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denied.
DATED this 1st day of October, 2013.

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

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