Opinion
Case No. 2:13-cv-02227-RFB-NJK
01-05-2016
STEPHEN R.J. KERN, JR., Plaintiff(s), v. STROUD, et al., Defendant(s).
ORDER (Docket Nos. 70, 71)
Pending before the Court is Plaintiff's motion to extend his copy work limit. Docket No. 70. Defendants filed a response. Docket No. 72. No reply has been filed. Also, pending before the Court is Plaintiff's request for a status check regarding the above motion. Docket No. 71.
An inmate has no constitutional right to free photocopying. Johnson v. Moore, 948 F.2d 517, 521 (9th Cir. 1991). Pursuant to NDOC regulations, inmates can only accrue a maximum of $100 debt for copy work expenses for all cases. See, e.g., Weddle v. Baker, 2014 U.S. Dist. Lexis 151674, *3 (D. Nev. Oct. 27, 2014). "In this district, courts have found that they can order a prison to extend limited photocopying when it is necessary for an inmate to provide copies to the Court and other parties." Id. (citing Allen v. Clark Cnty. Det. Ctr., 2011 U.S. Dist. Lexis 31756 (D. Nev. Mar. 11, 2011)).
In this instance, Plaintiff seeks an extension of his copy work limit to enable him to copy 50 pages of materials. See Docket No. 70 at 1. Nonetheless, Plaintiff has only substantiated a need to copy 12 pages of materials. See id. at 3. Moreover, Plaintiff is seeking to copy his response to the motion for summary judgment for his own records, but has failed to explain why other methods of copying are not available (e.g., carbon paper, handwritten copies).
The Court will GRANT in part the motion to extend Plaintiff's copy work limit to enable him to copy the 12 pages evidenced by his attachment. The Court CAUTIONS Plaintiff that moving forward he should take advantage of all other available means of copying, including carbon paper and handwriting copies. The motion to extend Plaintiff's copy work limit is otherwise DENIED.
Plaintiff's motion for a status check (Docket No. 71) is DENIED as moot.
IT IS SO ORDERED.
DATED: January 5, 2016
/s/_________
NANCY J. KOPPE
United States Magistrate Judge