Barber v. Williams et al

Filing 54

ORDER denying without prejudice 53 Motion Extend Prison Copywork Limit. Signed by Magistrate Judge Carl W. Hoffman on 9/16/2014. (Copies have been distributed pursuant to the NEF - DKJ)

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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.
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__________________________________________)

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

This matter is before the Court on Plaintiff’s Motion to Extend Prison Copywork Limit
(#53), filed September 2, 2014.
Plaintiff is currently incarcerated in High Desert State Prison. By way of this motion, he

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requests that an order allowing him to exceed the $100 limit for legal copies. Plaintiff does not

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have a right to free photocopying. Johnson v. Moore, 948, F.2d 517, 521 (9th Cir. 1991). Pursuant

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to Nevada Department of Corrections (“NDOC) administrative regulation 722 “inmates can only

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accrue a maximum of $100.00 debt for copy work expenses.” A court may, however, order a

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prison to provide limited photocopying when it is necessary for an inmate to provide copies to the

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court and other parties. Though he indicates that he does not seek a “blanket order for unlimited

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copywork,” Plaintiff does not provide any information regarding what copywork needs he may

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have. He simply states he needs a reasonable allowance to allow him to make copies of

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“supplemented/amended pleadings, motions, responses, replies, notices, etc.” Given the lack of

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particulars provided by Plaintiff, the motion will be denied without prejudice. The Court further

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notes that this matter remains stayed until October 30, 2014. Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion to Extend Prison Copywork Limit

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(#53) is denied without prejudice.
DATED: September 16, 2014.

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

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