Lee v. Clark County Detention Center et al

Filing 35

ORDER Denying 29 Motion to Receive Photocopies Due to Indigency. Signed by Magistrate Judge Carl W. Hoffman on 3/27/15. (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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ROBIN M. LEE,
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Plaintiff,
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vs.
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CLARK COUNTY DETENTION CENTER, et al., )
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Defendants. )
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__________________________________________)

Case No. 2:14-cv-01426-JAD-CWH
ORDER

This matter is before the Court on Plaintiff Robin M. Lee’s (“Plaintiff”) Motion for an Order
to Receive Photocopies Due to Indigency (doc. # 29), filed March 9, 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 requires an increased copy limit to attach various

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documents, including docs. # 5, 10, 11, 14, 15, and 24, which are filed on the record in the instant case.

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See Doc. # 29. The Court denies Plaintiff’s request, and directs Plaintiff to cite or refer to these

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documents in his amended complaint, as these documents are already filed on the record and accessible

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to the Court and defense counsel.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion for an Order to Receive
Photocopies Due to Indigency (doc. # 29) is denied.
DATED: March 27, 2015

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

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