Brooks v. Walsh et al

Filing 79

ORDER Granting 72 Motion to Extend Prison Copy Work Limit. Signed by Magistrate Judge Carl W. Hoffman on 5/16/16. (Copies have been distributed pursuant to the NEF - TR)

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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 renewed Motion to Extend Prison Copy Work
Limit (doc. # 72), filed May 5, 2016.

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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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“seeks only a reasonable allowance” of copy work for relevant and responsive documents falling under

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Fed. R. Civ. P. 5, Local Rule (“LR”) 5-1, and LR 7-2. Doc. # 72 at 2. The Court finds good reason

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to increase Plaintiff’s copy work limit by 120 pages, and advises Plaintiff to prudently use this limit,

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and to utilize carbon paper and other alternative resources to generate additional copies.
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s renewed Motion to Extend Prison
Copy Work Limit (doc. # 72) is granted.
DATED: May 16, 2016

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

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