Johnson v. Little et al

Filing 79

ORDER Granting Plaintiff's 75 Motion for Extension of Legal Copywork Limit. Plaintiff's fund is increased an additional $50.00. Signed by Magistrate Judge Cam Ferenbach on 11/7/17. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LAUSTEVEION JOHNSON,
Plaintiff,

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2:14-cv-00649-RFB-VCF

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vs.

ORDER

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RITA LITTLE, et al.,

MOTION FOR EXTENSION OF LEGAL COPYWORK
Defendants.

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LIMIT (ECF NO. 75)

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Before the Court is Plaintiff Lausteveion Johnson’s Motion for Extension of Legal Copywork
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Limit. (ECF No. 75). For the reasons discussed below, Plaintiff’s motion is granted.
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Plaintiff moves to increase his legal copywork account by $50.00 to file exhibits for the upcoming
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trial in this case. (Id.). Plaintiff states he can afford to make copies, but “[a]ccording to staff at HDSP,
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they are unaware of how Plaintiff can take money off one of his accounts to put it towards copywork.”
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(Id.) In opposition, Defendants argue the Court should not extend the copywork limit because the claims
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proceeding to trial have not been identified and Plaintiff has admitted he is able to afford his own legal
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copies. (ECF No. 76 at 2).
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At the time that Defendants filed their opposition, the parties were awaiting a written order
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addressing Defendants’ motion for summary judgment. The Order has now been entered (ECF No. 77)
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and Plaintiff’s First Amendment claims are proceeding to trial against several Defendants (Id. at 15). The
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parties have submitted a proposed pretrial order listing potential trial dates in January and February 2018.
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(ECF No. 73 at 8).
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The right to meaningful access to the courts does not confer a right to free unlimited photocopies.
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See Sands v. Lewis, 886 F.2d 1166 (9th Cir. 1989) (citing Jones v. Franzen, 697 F.2d 801, 803 (“[B]road

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as the constitutional concert of liberty is, it does not include the right to xerox.” (7th Cir. 1983)); see also

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Wanninger v. Davenport, 697 F.2d 992, 994 (11th Cir. 1983); Johnson v. Parke, 642 F.2d 377, 380 (10th

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Cir. 1981); Harrell v. Keohane, 621 F.2d 1059, 1060-61 (10th Cir. 1980). Nevertheless, “it is fundamental

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that access of prisoners to the courts for the purpose of presenting their complaints may not be denied or

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obstructed.” Johnson v. Avery, 393 U.S. 483, 485 (1969).

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The Court finds that Plaintiff needs to copy exhibits in connection with the upcoming trial in this

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case, and that denying the motion to extend his copywork limit would prevent him from doing so. Forcing

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Plaintiff and the staff at HDSP to find another way to pay for copies could interfere with the timing of the

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trial, as the parties’ proposed pretrial order lists potential trial dates in January and February 2018. In

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addition, the court recognizes that Plaintiff is not seeking free copies and that he will make payments

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towards his copywork balance. $50.00 appears to be a reasonable limitation on Plaintiff's copywork

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privilege so as to not subject the Court to excessive and unnecessary trial documentation. See Federal Rule

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of Civil Procedure 1 (the rules must be “construed and administered to secure the just, speedy, and

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inexpensive determination of every action and proceeding.”).

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Accordingly, and for good cause shown,

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Extension of Legal Copywork Limit (ECF

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No. 75) is GRANTED and Plaintiff’s fund is increased an additional $50.00.

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DATED this 7th day of November, 2017.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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