Winkler v. Baca et al

Filing 43

ORDER that Petitioner's motion for extension of time (ECF No. 41 ) is granted; Petitioner will have until June 30, 2019, to file his reply to Respondents' opposition to Petitioner's motion for reconsideration; Petitioner's request to extend his copy work account limit (ECF No. 42 ) is granted. Signed by Judge Miranda M. Du on 6/19/2019. (Copies have been distributed pursuant to the NEF - LH)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

***

4

GARY JOSEPH WINKLER,

5

Petitioner,

ORDER

v.

6
7

Case No. 3:18-cv-00115-MMD-WGC

ISIDRO BACA, et al.,
Respondents.

8
9

Petitioner’s motion for extension of time (ECF No. 41) is granted. Petitioner will

10

have until June 30, 2019, to file his reply to Respondents’ opposition to Petitioner’s motion

11

for reconsideration.

12

In connection with his request for an extension of time, Petitioner also has filed a

13

motion to extend his copy work limit. (ECF No. 42.) An inmate has no constitutional right

14

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

15

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

16

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

17

found that they can order a prison to provide limited photocopying when it is necessary

18

for an inmate to provide copies to the court and other parties. See Allen v. Clark Cty. Det.

19

Ctr., 2:10-cv-00857-RLH, 2011 WL 886343, at *2 (D. Nev. Mar. 11, 2011). In this case,

20

the Court grants Petitioner’s request (ECF No. 42) to extend his copy work account limit

21

by another $5.00 so that he may file and serve his reply in this case. The Nevada

22

Department of Corrections must therefore extend Petitioner’s prison copy work limit by

23

$5.00.

24

DATED THIS 19th day of June 2019.

25
26
27
28

MIRANDA M. DU
UNITED STATES DISTRICT JUDGE