Lepley v. State of Nevada et al

Filing 135

ORDER granting 129 Motion to initiate discovery; ORDER granting 132 Motion to Extend Copy Work. Plaintiff's copy work limit is increased by $50.00. Signed by Magistrate Judge Daniel J. Albregts on 10/5/2022. (Attachments: # 1 Local Rules - Copy attached for distribution to P via HDSP law library) (Copies have been distributed pursuant to the NEF - HAM)

Case 2:16-cv-02848-RFB-DJA Document 135 Filed 10/05/22 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
Brian Eugene Lepley,

Case No. 2:16-cv-02848-RFB-DJA
Plaintiff,

v.

Order

State of Nevada, et al.,
Defendants.
Before the Court is pro se Plaintiff Brian Eugene Lepley’s motion to initiate discovery

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(ECF No. 129) and motion for a copy of the Local Rules and to extend copy work (ECF No. 132).

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Defendants do not oppose Plaintiff’s motion to initiate discovery. (ECF No. 134). The Court

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thus grants Plaintiff’s motion to initiate discovery and will enter a separate scheduling order.

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Plaintiff previously filed a motion for a copy of the Local Rules, which motion the Court

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denied for failing to include sufficient facts. (ECF Nos. 130 and 131). Plaintiff’s renewed

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motion explains that, while the High Desert State Prison law library has electronic copies of the

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Local Rules, the prison has been on lockdown and is experiencing staff shortages, making it

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impossible for him to visit the library to access the rules. (ECF No. 132 at 1-2). He adds that

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inmate request forms are not readily available and that he has exceeded his copy work

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capabilities, adding to his difficulty. (Id.). Plaintiff requests a copy of the Local Rules and to

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extend his copy work by $50.00. (Id.).

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Under NDOC Administrative Regulation 722.01(7), copies of legal documents may be

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made for inmates for a nominal fee. Inmates “can only accrue a maximum of $100 debt for copy

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work expenses for all cases, not per case.” NDOC Regulation 722.01(7)(E). However, a court

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may “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.” Allen v. Clark Cnty. Det. Ctr., 2:10-CV-00857-

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RLH-GWF, 2011 WL 886343, *2 (D. Nev. Mar. 11, 2011).

Case 2:16-cv-02848-RFB-DJA Document 135 Filed 10/05/22 Page 2 of 2

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Here, the Court finds it necessary to extend Plaintiff’s copy work limit, given that

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discovery will soon proceed. The Court therefore grants Plaintiff’s request along with his request

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for a copy of the Local Rules. Plaintiff’s copy work limit shall be increased by $50.00 at this

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time. If plaintiff exhausts the $50.00 and requires additional funds, he may file a motion

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requesting an extension of the limit. Plaintiff is further advised to use his copying privileges

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sparingly, and to refrain from filing numerous and duplicative motions. Additionally, given the

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length of the Local Rules, the Court will only provide Plaintiff with certain portions relevant to

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his civil suit and the table of contents.

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IT IS THEREFORE ORDERED that Plaintiff’s motion to initiate discovery (ECF No.

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129) is granted. The Court will enter a separate scheduling order.
IT IS FURTHER ORDERED that Plaintiff’s motion for a copy of the Local Rules and

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to extend copy work (ECF No. 132) is granted. Plaintiff’s copy work limit is increased by

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$50.00. The Clerk of Court is kindly directed to mail Plaintiff the following pages of the Local

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Rules:

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Pages i – viii (the table of contents)

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Pages 1 – 22 (introduction)

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Pages 37 – 70 (civil practice)

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DATED: October 5, 2022
DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

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