Blackmer v. Northern NH Correctional Facility, Warden et al

Filing 22

ORDER granting 21 Motion/Formal Request for the Court's Leave to Show Cause Why the Court Should Provide Free Copies of Paul Blackmer's Motion to Amend and Exhibits. So Ordered by Magistrate Judge Landya B. McCafferty.(gla)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Paul Blackmer
v.

Civil No. 12-cv-342-SM

Northern New Hampshire Correctional
Facility, Warden, et al.1

O R D E R
Before the court is a post-judgment motion (doc. no. 21),
filed by pro se prisoner Paul Blackmer, seeking to obtain a free
copy of documents previously filed by Blackmer in this case,
specifically, his motion to amend (doc. no. 14), and the
exhibits he filed on November 15, 2012, which have been
maintained conventionally in the clerk’s office.

This court

granted Blackmer leave to request free copies, if he could show
good cause for the court’s waiver of the copy charge.
Blackmer asserts that he lacks funds to pay for copies, and
that he filed original documents without first making a copy of
those documents.
1

He further asserts that the New Hampshire

Defendants in this lawsuit are: Northern New Hampshire
Correctional Facility (“NCF”) Warden Edward Reilly; New
Hampshire Department of Corrections Commissioner William Wrenn;
NCF Capt. Lambertson, whose first name is unknown (“FNU”); NCF
Lt. FNU Masse; and NCF Officers Paul Fortier, FNU Gray, FNU
Bolla, FNU Newton, FNU Bigl, FNU Malhoat, and FNU L’Heureux.

Department of Corrections has denied him access to his legal
files, and that he requires a copy so that he can “adequately
whine to the First Circuit . . . and/or to the New Hampshire
Supreme Court,” regarding this court’s denial of his motion to
proceed in forma pauperis, and other issues in this action.
Construing Blackmer’s reference to whining as asserting an
intent to file an appeal of the judgment of dismissal in this
case, or a new action in state court, this court grants
Blackmer’s motion to obtain a free copy of the requested
documents (Blackmer’s motion to amend (doc. no. 14) and Exhibits
1-3).

Blackmer is placed on notice, however, that he may not

continue to treat the clerk’s office as an offsite copy center,
and that future requests for gratis copies will be denied absent
a showing of exceptional circumstances.

If Blackmer should need

to file documents in the future in this court, he must take
steps to ensure he retains a personal copy without relying on
the clerk’s office as a depository, unless he has funds to pay
the clerk’s copy charge.
Conclusion
For the foregoing reasons, the court grants Blackmer’s
motion (doc. no. 21) to obtain a copy of the motion to amend
(doc. no. 14) and the exhibits filed with that motion.

2

The

clerk’s office is directed to produce a copy of those documents
for Blackmer, and to waive the copy charge on a one-time basis.
SO ORDERED.

__________________________
Landya McCafferty
United States Magistrate Judge
January 8, 2013
cc:

Paul Blackmer, pro se

LBM:nmd

3