Helfrich v. Neven et al

Filing 110

ORDER denying 76 Motion to Extend Prison Copy Work Limits. Signed by Magistrate Judge Nancy J. Koppe on 4/29/15. (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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PETER J. HELFRICH,

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Pending before the Court is Plaintiff’s motion to extend prison copy work limits, filed on

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March 12, 2015. Docket No. 76. The Court has considered Plaintiff’s motion and Defendants’

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response. Docket Nos. 76, 81. For the reasons discussed below, the Court DENIES Plaintiff’s

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motion to extend prison copy work limits.

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I. Background

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Plaintiff(s),
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vs.
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DWIGHT NEVEN, et al.,
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Defendant(s).

Case No. 2:14-cv-01725-RFB-NJK
ORDER
(Docket No. 76)

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Plaintiff is proceeding in this action pro se and in forma pauperis. On October 29, 2014, the

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Court reviewed Plaintiff’s Complaint under 28 U.S.C. § 1915A(a), and stayed the action for ninety

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days to allow the parties an opportunity to settle the dispute. Docket No. 8. The Court also granted

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Plaintiff a $5 increase of his copy work limit. Id., at 8. On November 13, 2014, Plaintiff filed a

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second motion requesting an additional $45 increase in his copy work limit. Docket No. 16.

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Defendants objected to Plaintiff’s motion because the case was stayed and no papers were to be filed

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during the stay. Docket No. 19.

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...

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On January 30, 2015, the parties participated in an inmate early mediation conference, but

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no settlement was reached. Docket No. 46. The case returned to its normal litigation track. Id. On

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February 5, 2015, the Court granted Plaintiff’s application to proceed in forma pauperis. Docket No.

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54. On February 9, 2015, Plaintiff filed a third motion to extend prison copy work limits. Docket

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No. 59. Plaintiff requested “a reasonable allowance” of copy work for documents relevant to this

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proceeding, including pleadings, motions, responses, replies, and notices. Id., at 2. On March 5,

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2015, the Court granted Plaintiff’s third motion to extend his prison copy work limits and ordered

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the Nevada Department of Corrections (“NDOC”) to increase Plaintiff’s copy work limit by $10.

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Docket No. 70.

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One week after the Court increased Plaintiff’s copy work limit, Plaintiff filed the instant

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motion–his fourth–to extend his prison copy work limit. Docket No. 76. Plaintiff requests an

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additional $35 increase. Id., at 2. Defendants filed a response arguing that Plaintiff’s motion should

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be denied because he has not demonstrated a need for additional photocopying, does not have a

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constitutional right to free photocopying, and has “demonstrated irresponsibility with the two

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extensions that this Court has already granted.” Docket No. 81, at 3-4. Plaintiff did not file a reply.

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See Docket.

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II. Analysis

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Plaintiff has filed four motions to extend prison copy work limits in a five-month time period.

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See Docket Nos. 3, 16, 59, 76. The Court has granted two of those motions and increased Plaintiff’s

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copy work limit by $15. See Docket Nos. 8, 70. In the pending motion, Plaintiff asks the Court to

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order the NDOC to increase his prison photocopy budget by an additional $35. Docket No. 76.

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The Court previously told Plaintiff that he does not have a constitutional right to free

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photocopying. See Docket No. 70, at 2; Johnson v. Moore, 948 F.2d 517, 521 (9th Cir. 1991) (citing

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Sands v. Lewis, 886 F.2d 1166, 1169 (9th Cir.1989) (“numerous courts have rejected any

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constitutional right to free and unlimited photocopying”)). The Ninth Circuit has concluded that “an

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inmate has a right to photocopying . . . when, and only when, necessary to guarantee him meaningful

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access to the courts.” Hiser v. Franklin, 94 F.3d 1287, 1294 n. 6 (9th Cir. 1996) (emphasis added).

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In this District, a court may order a prison to provide limited photocopying “when it is necessary for
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an inmate to provide copies to the court and other parties.” Allen v. Clark Cnty. Det. Ctr., 2011 WL

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886343, at *2 (D. Nev. Mar. 11, 2011) (finding plaintiff demonstrated a need to increase the copy

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work limit when he provided a copy of his inmate account statement showing a negative balance of

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$199 and the case was pending appeal before the Ninth Circuit).

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Here, Plaintiff has not shown the need for additional photocopying. First, Plaintiff has not

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provided a copy of his inmate account statement showing that there are insufficient funds for

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Plaintiff to provide copies to the court and other parties. See Docket No. 76. Second, Plaintiff has

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not used his copy privileges sparingly, as the Court previously advised. See Docket No. 70. Since

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Plaintiff filed the instant motion on March 12, 2015, he has filed 13 additional motions, consisting

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of over 250 pages. Docket Nos. 85, 86, 89, 90, 91, 95, 96, 97, 101, 105, 106, 107, 108. At this time,

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Plaintiff has not demonstrated the need to have his prison copy work limit increased. The Court

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again advises Plaintiff that he should use his copying privileges sparingly, and utilize carbon paper

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to duplicate documents when possible.

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III. Conclusion

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Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s motion for order to extend prison copy work

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limits (Docket No. 76 is DENIED.
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DATED: April 29, 2015

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NANCY J. KOPPE
United States Magistrate Judge

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