Fernandez v. Aranas et al

Filing 37

ORDER denying 30 Motion for Magistrate Judge to Reconsider Magistrate Judge Order. Signed by Magistrate Judge Nancy J. Koppe on 7/6/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RENE F. FERNANDEZ,

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Plaintiff(s),
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v.
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ROMEO ARANAS, et al.,
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Defendant(s).
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__________________________________________)

Case No. 2:16-cv-00812-JCM-NJK
ORDER
(Docket No. 30)

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Pending before the Court is Plaintiff’s motion for reconsideration. Docket No. 30. Defendants have

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filed a response in opposition. Docket No. 32. No reply has been filed. The Court finds the motion

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properly decided without a hearing. See Local Rule 78-1.

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For the reasons discussed below, the motion is DENIED to the extent it relates to the undersigned’s

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previous order. The Court otherwise expresses no opinion at this time subject to Plaintiff filing proper

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motions for relief consistent with the local rules.

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I.

Issues Properly Before the Court

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The initial thrust of Plaintiff’s motion is seeking reconsideration of an order issued by the

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undersigned previously. See Docket No. 30 at 2-5. It appears Plaintiff may also be seeking reconsideration

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of the screening order issued by United States District Judge James C. Mahan. See, e.g., id. at 5-9. That

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issue is not properly before the Court, as parties are required to limit each of their filings to addressing a

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single request for relief. See Local Rule IC 2-2(b). To the extent Plaintiff seeks reconsideration of Judge

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Mahan’s screening order, he must file a new motion specifically identifying that as the relief requested and

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limiting that filing to that relief. The Court will therefore proceed herein to resolve only the aspects of the

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motion related to the undersigned’s previous order.1

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II.

Motion for Reconsideration

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In the undersigned’s previous order, the Court denied outright Plaintiff’s requests related to his

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contention that Defendant violated the stay in this case and as it related to his request that the Court order

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the filing of an answer. See Docket No. 29 at 1, 2. Plaintiff seeks reconsideration of those aspects of the

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Court’s order. Docket No. 30 at 3. Motions for reconsideration are disfavored. Local Rule 59-1(b).

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Reconsideration of an interlocutory order is appropriate if (1) there is newly discovered evidence that was

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not available when the original motion or response was filed, (2) the Court committed clear error or the

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initial decision was manifestly unjust, or (3) there is an intervening change in controlling law. Local Rule

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59-1(a).
Plaintiff’s pending motion fails to establish such circumstances here. See Docket No. 30 at 3.

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Accordingly, this aspect of the pending motion is DENIED.

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III.

Motion to Extend Copywork Limit

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The Court previously denied without prejudice Plaintiff’s request to extend his copywork limit for

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failing to make a sufficient showing. Docket No. 29 at 3. An inmate has no constitutional right to free

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photocopying. Johnson v. Moore, 948 F.2d 517, 521 (9th Cir. 1991). Pursuant to NDOC regulations,

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inmates can only accrue a maximum of $100 debt for copy work expenses for all cases. See, e.g., Weddle

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v. Baker, 2014 U.S. Dist. Lexis 151674, *3 (D. Nev. Oct. 27, 2014). “In this district, courts have found that

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they can order a prison to extend limited photocopying ‘when it is necessary for an inmate to provide copies

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to the Court and other parties.’” Santos v. Baca, 2014 WL 6792006, at *1 (D. Nev. Dec. 2, 2014) (quoting

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Allen v. Clark Cnty. Det. Ctr., 2011 U.S. Dist. Lexis 31756 (D. Nev. Mar. 11, 2011)).

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Plaintiff contends here that it is not feasible for him to make copies through alternative means, such

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as by hand. See Docket No. 30 at 4. Such a bare bones assertion is not a sufficient showing that Plaintiff’s

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Plaintiff’s motion seeks relief as to four issues related to the undersigned’s previous order. The
Court will consider all four issues herein as a one-time courtesy to Plaintiff. Moving forward, however,
Plaintiff must file a separate motion for each request for relief being made.
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copywork limit must be increased, and the Court is not persuaded that alternative means of copying are

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unavailable or not feasible in this case. Accordingly, this aspect of the pending motion is DENIED.

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IV.

Exhibit to Motion for Summary Judgment

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The Court previously denied without prejudice Plaintiff’s request for access to Exhibit C to

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Defendant’s motion for summary judgment. Docket No. 29 at 2. In particular, the Court noted that

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Plaintiff had failed to explain whether he had pursued available options to review that exhibit, including

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by reviewing his complete medical records under the direct supervision of medical staff. Id. Plaintiff’s

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pending motion continues to assert that he has not received this exhibit. See Docket No. 30 at 3.

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Nonetheless, Plaintiff has again failed to explain whether he has pursued the avenues available to him to

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review the exhibit as previously outlined by the Court. See id. Accordingly, this aspect of the pending

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motion is DENIED.

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V.

Conclusion

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For the reasons discussed below, the motion is DENIED to the extent it relates to the undersigned’s

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previous order. The Court otherwise expresses no opinion at this time subject to Plaintiff filing proper

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motions for relief consistent with the local rules.

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IT IS SO ORDERED.

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DATED: July 6, 2017

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__________________________________
NANCY J. KOPPE
United States Magistrate Judge

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