Brooks v. Walsh et al
Filing
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ORDER Denying Plaintiff's 45 Motion to Extend Prison Copy Work Limit. Signed by Magistrate Judge Carl W. Hoffman on 01/04/2016. (Copies have been distributed pursuant to the NEF - NEV)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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SHANE BROOKS,
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Plaintiff,
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vs.
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LISA WALSH, et al.,
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Defendants.
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____________________________________)
Case No. 2:14-cv-00497-APG-CWH
ORDER
This matter is before the Court on Plaintiff’s Motion to Extend Prison Copy Work Limit (doc.
# 45), filed December 28, 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 by $200.00.
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See Doc. # 45. However, Plaintiff fails to identify those documents he needs copied. Nevada prisons
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also 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 Copy
Work Limit (doc. # 45) is denied.
DATED: January 4, 2016
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______________________________________
____________________________
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C.W. Hoffman, Jr.
Hoffman, J
n Jr.
United States Magistrate Judge
Magistrate
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