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TURNER v. HIGH DESERT STATE PRISON, 2:13-cv-01740-JAD-VCF. (2014)

Court: District Court, D. Nevada Number: infdco20140722a53 Visitors: 4
Filed: Jul. 21, 2014
Latest Update: Jul. 21, 2014
Summary: ORDER CAM FERENBACH, Magistrate Judge. Before the Court is pro se Plaintiff's Motion to Extend Prison Copywork Limit. (#49). Motion to Extend Prison Copywork Limit Plaintiff's Motion seeks an order from the Court to increase his legal photocopy account. Plaintiff states in his motion that he has reached his $100.00 and seeks additional funds. Id. Discussion The right to meaningful access to the courts does not confer a right to free unlimited photocopies. See Sands v. Lewis, 886 F
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ORDER

CAM FERENBACH, Magistrate Judge.

Before the Court is pro se Plaintiff's Motion to Extend Prison Copywork Limit. (#49).

Motion to Extend Prison Copywork Limit

Plaintiff's Motion seeks an order from the Court to increase his legal photocopy account. Plaintiff states in his motion that he has reached his $100.00 and seeks additional funds. Id.

Discussion

The right to meaningful access to the courts does not confer a right to free unlimited photocopies. See Sands v. Lewis, 886 F.2d 1166 (9th Cir. 1989) (citing Jones v. Franzen, 697 F.2d 801, 803 ("[B]road as the constitutional concert of liberty is, it does not include the right to xerox." (7th Cir. 1983)); see also Wanninger v. Davenport, 697 F.2d 992, 994 (11th Cir. 1983); Johnson v. Parke, 642 F.2d 377, 380 (10th Cir. 1981); Harrell v. Keohane, 621 F.2d 1059, 1060-61 (10th Cir. 1980). As noted by Plaintiff, the Nevada Department of Corrections provides $100.00 of free legal copy work to prisoner litigants. Although the Ninth Circuit has not spoken on the issue, courts in other jurisdictions have not allowed plaintiffs proceeding in forma pauperis to receive free copies of documents from the court without the plaintiff demonstrating a specific showing of need. See, e.g., Collins v. Goord, 438 Supp. 2d 399 (S.D.N.Y. 2006); Guinn v. Hoecker, 43 F.3d 1483 (10th Cir. 1994). In this instance, Plaintiff has demonstrated a particularized need for additional funds.

IT IS HEREBY ORDERED that Plaintiff's Motion to Extend Prison Copywork Limit (#49) is GRANTED and Plaintiff's fund is increased an additional $30.00.

Source:  Leagle

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