Johnson v. Cox et al

Filing 47

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 4/22/2015, denying without prejudice Plaintiff's 45 Motion for Legal Copy Work Extension. (Copies have been distributed pursuant to the NEF - KR)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

LAUSTEVEION JOHNSON,

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)
Plaintiff,
)
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vs.
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JAMES GREG COX, et al.,
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Defendants.
)
________________________________________)

3:14-cv-00213-RCJ-WGC
MINUTES OF THE COURT
April 22, 2015

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

KATIE LYNN OGDEN REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is Plaintiff’s “Motion for Legal Copy Work Extension.” (Doc. # 45.)
Plaintiff seeks a $100.00 extension of his legal copy work allowance. Plaintiff’s rationale for the
requested extension is that Plaintiff has exceeded his copy work limit and states he “can no longer
get legal copy work without court order.” (Id.) Plaintiff, however, did not attach his inmate banking
statement to his motion, nor has Plaintiff explained what copies he anticipates having to copy. In
that regard, the court notes that the discovery deadline of March 23, 2015 (Doc. # 20), which was
extended per Plaintiff’s request to April 10, 2015 (Doc. # 28), has passed. As such, the court does
not foresee a necessity for additional copies, certainly in the magnitude of the $100.00 sought by
Plaintiff.
As was stated by Magistrate Judge George Foley, Jr., in Allen v. Clark County Detention
Center, 2:10-cv-00857-RLH-GWF, 2011 WL 886343 at * 2 (D. Nev. 2011):
A Petitioner does not have a right to free photocopying. Johnson v. Moore, 948 F.2d
517, 521 (9th Cir. 1991); Sands v. Lewis, 886 F.2d 1166, 1169 (9th Cir.1989) (stating
“numerous courts have rejected any constitutional right to free and unlimited
photocopying”). Pursuant to Administrative Regulations 722, “inmates can only
accrue a maximum of $100.00 debt for copy work expenses.” A court can, however,
order a prison to provide limited photocopying when it is necessary for an inmate to
provide copies to the court and other parties. In the present motion, Plaintiff states
that he has exceeded his prison copy limit and requests that the Court order the

Nevada Department of Correction to increase his copy work limit. (#119). In support
of this request, Plaintiff attaches a copy of his inmate account statement, showing a
negative balance of $199.00. (Id. at 4). Based on Plaintiff’s lack of funds, pending
appeal before the Ninth Circuit and the status of this case, the Court finds Plaintiff
has demonstrated the need to have his prison copy work limit increased so that he is
allotted $50.00 worth of copying privileges. The Court advises Plaintiff, however,
that he should use his copying privileges sparingly, refrain from filing numerous and
duplicative motions, and use carbon paper to duplicate documents when possible
because further requests for an increase in Plaintiff’s photocopy allowance will not
be looked upon favorably.
The court will consider a revised motion which addresses the balance of Plaintiff’s inmate
banking account and identifies what additional copies Plaintiff projects will be needed in this case.
Plaintiff’s motion (Doc. # 45) is DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

2

/s/
Deputy Clerk