Harden v. Soboro et al

Filing 49

ORDER Granting in part 47 Plaintiff's Motion for a Copy of docket history, orders, and proceedings/court minutes. The Court INSTRUCTS the Clerk's Office to mail Plaintiff a copy of the docket in this case. As to any documents issued in this case, Plaintiff's motion will be denied without prejudice. Plaintiff may file a renewed motion for the documents which states his specific need and provides a copy of Plaintiff's inmate balance sheet to demonstrate he cannot afford to pay for the copies. Signed by Magistrate Judge Nancy J. Koppe on 10/27/2014. (Copies have been distributed pursuant to the NEF - copy of docket sheet mailed to plaintiff - EDS)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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HAROLD D. HARDEN,
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Plaintiff,
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vs.
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SOBORO, et al.,
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Defendants.
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____________________________________)

2:14-cv-00560-JAD-NJK
ORDER GRANTING IN PART MOTION
(Docket No. 47)

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This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. The statute providing

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authority to proceed in forma pauperis, 28 U.S.C. § 1915, does not include the right to obtain court

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documents without payment. Id. “The granting of an application to proceed in forma pauperis does not

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waive the applicant’s responsibility to pay expenses of litigation which not covered by 28 U.S.C. §

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1915.” LSR 1-8. Courts have not permitted plaintiffs proceeding in forma pauperis to receive free

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copies of documents from the court without the plaintiff demonstrating a specific showing of need. See,

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e.g., Collins v. Goord, 438 F.Supp. 2d 399 (S.D.N.Y. 2006); Guinn v. Hoecker, 43 F.3d 1483 (10th Cir.

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1994) (no right to free copy of any document in record unless plaintiff demonstrates specific need); In

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re Richard, 914 F.2d 1526 (6th Cir. 1990) (28 U.S.C. § 1915 does not give litigant right to have

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documents copied at government expense); Douglas v. Green, 327 F.2d 661, 662 (6th Cir. 1964) (no free

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copy of court orders).

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Pending before the Court is Plaintiff’s motion for a copy of the docket history, orders, and

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proceedings/Court minutes. See Docket No. 47. Plaintiff asserts that he was transferred and, therefore,

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doe not have any of his old files. See id. The Court hereby GRANTS the motion in part. The Court

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INSTRUCTS the Clerk’s Office to mail Plaintiff a copy of the docket in this case. As to any documents

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issued in this case, Plaintiff’s motion will be denied without prejudice. Plaintiff may file a renewed

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motion for the documents which states his specific need and provides a copy of Plaintiff’s inmate

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balance sheet to demonstrate he cannot afford to pay for the copies.

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IT IS SO ORDERED.

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DATED: October 27, 2014

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NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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