Opinion
2:13-cv-01740-JAD-VCF
07-21-2014
JOHN TURNER, Plaintiff, v. HIGH DESERT STATE PRISON, et al., Defendants.
ORDER
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.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE