Turner v. High Desert State Prison et al

Filing 51

ORDER Granting 49 Motion Plaintiff's Motion to Extend Prison Copywork Limit. Plaintiff's fund is increased an additional $30.00. Signed by Magistrate Judge Cam Ferenbach on 7/21/2014. (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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***

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JOHN TURNER,
Plaintiff,

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vs.

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2:13-cv-01740-JAD-VCF

HIGH DESERT STATE PRISON, et al.,

ORDER

Defendants.

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Before the Court is pro se Plaintiff’s Motion to Extend Prison Copywork Limit. (#49).
Motion to Extend Prison Copywork Limit
Plaintiff’s Motion seeks an order from the Court to increase his legal photocopy account.

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Plaintiff states in his motion that he has reached his $100.00 and seeks additional funds. Id.

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Discussion

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The right to meaningful access to the courts does not confer a right to free unlimited

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photocopies. See Sands v. Lewis, 886 F.2d 1166 (9th Cir. 1989) (citing Jones v. Franzen, 697 F.2d 801,

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803 (“[B]road as the constitutional concert of liberty is, it does not include the right to xerox.” (7th Cir.

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1983)); see also Wanninger v. Davenport, 697 F.2d 992, 994 (11th Cir. 1983); Johnson v. Parke, 642

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F.2d 377, 380 (10th Cir. 1981); Harrell v. Keohane, 621 F.2d 1059, 1060-61 (10th Cir. 1980). As noted

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by Plaintiff, the Nevada Department of Corrections provides $100.00 of free legal copy work to prisoner

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litigants. Although the Ninth Circuit has not spoken on the issue, courts in other jurisdictions have not

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allowed plaintiffs proceeding in forma pauperis to receive free copies of documents from the court

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without the plaintiff demonstrating a specific showing of need. See, e.g., Collins v. Goord, 438 Supp.

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2d 399 (S.D.N.Y. 2006); Guinn v. Hoecker, 43 F. 3d 1483 (10th Cir. 1994). In this instance, Plaintiff
has demonstrated a particularized need for additional funds.

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Extend Prison Copywork Limit (#49) is
GRANTED and Plaintiff’s fund is increased an additional $30.00.
DATED this 21st day of July, 2014.
_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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