Lawrence v. County of Elko et al

Filing 22

ORDER Plaintiff's request for copies (ECF No. 21 ) is granted in part and denied in part. The Clerk of the Court will send to Plaintiff the approved form for filing a § 1983 complaint, instructions for the same, a copy of his or iginal complaint (ECF No. 1 -1), and a copy of the docket sheet. (Form, instructions, complaint, and PACER docket sheet attached hereto for distribution to P via NNCC law library.) If Plaintiff would like copies of any other filings, he mu st fill out the appropriate paperwork and pay for the copies. It is further ordered that if Plaintiff wishes to pursue his claims, he may initiate a new action by filing a new complaint and a new application to proceed in forma pauperis in a new case. Signed by Magistrate Judge William G. Cobb on 10/16/2020. (Attachments: # 1 1983 form and instructions, # 2 Copy of Complaint, # 3 Copy of Docket Sheet)(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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NATHAN DOUGLAS LAWRENCE,

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Plaintiff,

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Case No. 3:19-cv-00284-MMD-WGC
ORDER

v.
ELKO COUNTY, et al.,

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Defendants.

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I.

DISCUSSION

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This action began with a pro se civil rights complaint filed under 42 U.S.C. § 1983

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by a former state prisoner. On March 10, 2020, this Court issued an order directing

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Plaintiff to file his updated address and a non-prisoner application to proceed in forma

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pauperis with this Court within thirty (30) days. (ECF No. 14.) Plaintiff filed an updated

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address with the Court, but he did not file a non-prisoner application to proceed in forma

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pauperis. (ECF No 16.) Because it was not clear whether Plaintiff received the Court’s

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order, the Court issued another order stating that Plaintiff must file a non-prisoner

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application to proceed in forma pauperis within thirty days. (ECF No. 17.) Plaintiff did not

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file a non-prisoner application to proceed in forma pauperis or otherwise respond to the

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Court’s order, and on September 9, 2020, the Court dismissed this action without

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prejudice and closed this case. (ECF No. 18.)

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Plaintiff has now filed another change of address and requested copies of all the

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documents filed in this case so that he can file an amended complaint. (ECF No. 21.)

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This case has been closed, and Plaintiff cannot file an amended complaint in this case.

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However, because the case was dismissed without prejudice, Plaintiff may pursue his

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claims in a new action by filing a complaint and an application to proceed in forma

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pauperis in a new case.

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As for Plaintiff’s request for copies, there is a per page charge for copy work.

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Copies produced from an electronic format (CM/ECF) are $.10 per page; copies produced

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from a physical format are $.50 per page. An inmate has no constitutional right to free
photocopying. Johnson v. Moore, 948 F.2d 517, 521 (9th Cir. 1991). The Court cannot
provide free copies even to indigent plaintiffs proceeding in forma pauperis as the in forma
pauperis statute, 28 U.S.C. § 1915, does not authorize the Court to pay the costs for an
indigent litigant’s copy requests.

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The Court will direct the Clerk of the Court to send Plaintiff a courtesy copy of his
original complaint, as well as the approved form for filing a § 1983 complaint and
instructions for the same. The Court will also direct the Clerk of the Court to send Plaintiff
a copy of the docket sheet. If Plaintiff would like copies of any other filings, he must fill
out the appropriate paperwork and pay for the copies.
II.

CONCLUSION
For the foregoing reasons, it is ordered that Plaintiff’s request for copies (ECF No.

21) is granted in part and denied in part. The Clerk of the Court will send to Plaintiff the
approved form for filing a § 1983 complaint, instructions for the same, a copy of his original
complaint (ECF No. 1-1), and a copy of the docket sheet. If Plaintiff would like copies of
any other filings, he must fill out the appropriate paperwork and pay for the copies.
It is further ordered that if Plaintiff wishes to pursue his claims, he may initiate a
new action by filing a new complaint and a new application to proceed in forma pauperis
in a new case.

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DATED THIS ___ day of October 2020.
16th

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UNITED STATES MAGISTRATE JUDGE

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