Edwards v. Clark County et al

Filing 81

ORDER that 79 Motion to Extend Prison Copywork Limit is denied. Signed by Magistrate Judge Carl W. Hoffman on 4/9/15. (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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RONNIE EDWARDS,

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Plaintiff,
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vs.
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LAS VEGAS METROPOLITAN POLICE
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DEPARTMENT, et al.,
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Defendants. )
__________________________________________)

Case No. 2:13-cv-01316-JAD-CWH
ORDER

This matter is before the Court on Plaintiff Ronnie Edward’s (“Plaintiff”) Motion to Extend
Prison Copywork Limit (doc. # 79), filed April 8, 2015.

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A petitioner does not have a right to free photocopying. Johnson v. Moore, 948 F.2d 517, 521

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(9th Cir. 1991); Sands v. Lewis, 886 F.2d 1166, 1169 (9th Cir.1989), overruled on other grounds by

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Silva v. Di Vittorio, 658 F.3d 1090 (9th Cir. 2011) (stating “numerous courts have rejected any

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constitutional right to free and unlimited photocopying”). Under Administrative Regulations 722,

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“inmates can only accrue a maximum of $100.00 debt for copy work expenses.” NDOC-AR

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722.01(7). However, a court “can... order a prison to provide limited photocopying when it is

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necessary for an inmate to provide copies to the court and other parties.” Allen v. Clark Cnty. Det.

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Ctr., No. 2: 10-CV-00857-RLH, 2011 WL 886343, at *2 (D. Nev. Mar. 11, 2011).

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In the instant motion, Plaintiff states that he has exceeded his prison copy work limit and

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requests that the Court order the Nevada Department of Correction to increase his limit. See Doc.

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# 79. However, Plaintiff fails to identify those documents he needs copied. Nevada prisons also

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provide inmates with carbon paper to enable inmates to reproduce writings without the use of

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photocopies, see NDOC-AR 722.01(7), and Plaintiff fails to explain why this resource is inadequate

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for his purposes. As such, Plaintiff fails to demonstrate that a copy work increase is necessary.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion to Extend Prison Copywork
Limit (doc. # 79) is denied.
DATED: April 9, 2015

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

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