Birch Jr v. Lombardo et al

Filing 169

ORDER. IT IS HEREBY ORDERED that 162 Plaintiff's motion to extend his copy work account is GRANTED in the amount of $5.00. The Nevada Department of Corrections shall extend Plaintiffs prison copy work limit by another $5.00. Signed by Judge Richard F. Boulware, II on 5/24/2018. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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FRANK PATRICK BIRCH, JR.,

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Plaintiff,

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Case No. 2:16-cv-01051-RFB-CWH

v.
SHERIFF JOE LOMBARDO et al.,

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Defendants.

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Plaintiff has filed a motion to extend his copy work limit. (ECF No. 162). An inmate has

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no constitutional right to free photocopying. Johnson v. Moore, 948 F.2d 517, 521 (9th Cir. 1991).

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Pursuant to NDOC administrative regulation 722.01(7)(D), inmates “can only accrue a maximum

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of $100 debt for copy work expenses for all cases, not per case.” In this district, courts have found

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

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provide copies to the court and other parties. See Allen v. Clark Cnty. Det. Ctr., 2:10-CV-00857-

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RLH, 2011 WL 886343, *2 (D. Nev. Mar. 11, 2011). In this case, the Court grants Plaintiff’s

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request to extend his copy work account limit by another $5.00.

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I.

CONCLUSION

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IT IS HEREBY ORDERED that Plaintiff’s motion to extend his copy work account (ECF

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No. 162) is GRANTED in the amount of $5.00. The Nevada Department of Corrections shall

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extend Plaintiff’s prison copy work limit by another $5.00.

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DATED this 24th day of May, 2018.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE