Johnson v. Cox et al

Filing 51

ORDER The court GRANTS Plaintiff a copy work extension of Thirty $30.00 Dollars. The Clerk shall also SEND a copy of this order extending copy work to NDOC Inmate Services. ( Mailed to P and NDOC on 5/8/2015. ) Plaintiff's motions (Doc. # 50 , in 3:14-cv-213 and Doc. #51, in 3:14-cv-122) are DENIED AS MOOT. Signed by Magistrate Judge William G. Cobb on 5/8/2015. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LAUSTEVEION JOHNSON,

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Plaintiff,
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vs.
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ELY STATE PRISON, et al.,
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Defendants.
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_______________________________________)
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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.
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_______________________________________)

3:14-cv-00122-MMD-WGC

3:14-cv-00213-RCJ-WGC
ORDER EXTENDING
COPY WORK LIMIT

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Before the court is Plaintiff’s “Ex Parte Motion Extension of Legal Copy Work” (Doc. # 511)

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which Plaintiff has filed in case number 3:14-cv-00122-MMD-WGC. Plaintiff requests an extension

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of his copywork limit in the amount of $50.00 for this case, stating he “needs copies to file his summary

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judgment on 5/14/15.” (Doc. # 51.)

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Also before the court is his “Motion for Reconsideration on Extension of Legal Copy Work

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Limit” (Doc. # 50), which Plaintiff filed in case number 3:14-cv-00213-RCJ-WGC. Plaintiff states he

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needs the copy work extension because “dispositive motions are due on 5/21/15 and Plaintiff is

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preparing a motion for summary judgment and will have to file it on time.” (Id.) The Order which

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Plaintiff seeks the court to reconsider is Doc # 47. His initial motion for legal copy work extension

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sought a copywork extension of $100.00. (Doc. # 45.) The motion was denied because Plaintiff had not
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Refers to court’s docket number.

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identified what he needed the extension for nor did he submit the required inmate account information.

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(Doc. # 47).

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An inmate plaintiff does not have a right to free photocopying. Johnson v. Moore, 948 F.2d 517,

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521 (9th Cir. 1991); Sands v. Lewis, 886 F.2d 1166, 1169 (9th Cir. 1989) (“numerous courts have

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rejected any constitutional right to free and unlimited photocopying”). Nevada Department of

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Corrections (NDOC) Administrative Regulation (AR) 722 governs copying of legal documents by

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inmates, and provides, “[c]opies of legal documents requested by inmates may be made for a nominal

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fee.” AR 722.01(9), available at http://www.doc.nv.gov/?q=node/68. “Inmates can only accrue a

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maximum of $100 debt for copy work expenses for all cases, not per case.” Id.

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A court may order a prison to provide additional photocopying when the prisoner demonstrates

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that an increase is necessary for an inmate to provide copies to the court and other parties. See, e.g.,

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Allen v. Clark County Detention Center, 2011 WL 886343, at * 2 (D. Nev. March 11, 2011).

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Plaintiff’s motions (Doc. # 50, in 3:14-cv-213; Doc. # 51, in 3:14-cv-122) may show his

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indebtedness but he still has not explained what he needs to copy for his motions for summary judgment.

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However, because of the approaching deadlines for dispositive motion in both cases, the court GRANTS

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Plaintiff a copy work extension of Thirty $30.00 Dollars.

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The Clerk shall also SEND a copy of this order extending copy work to the attention of the Chief

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of Inmate Services for the Nevada Department of Corrections (P.O. Box 7011, Carson City, NV

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89702) so that the funds can be properly allocated.

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Plaintiff’s motions (Doc. # 50, in 3:14-cv-213 and Doc. # 51, in 3:14-cv-122) are DENIED AS

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MOOT.

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IT IS SO ORDERED.

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DATED: May 8, 2015.

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____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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