United States District Court for the Middle District of Florida, 2020

Hall v. Phillips

Hall v. Phillips
United States District Court for the Middle District of Florida · Decided June 11, 2020
Hall v. Phillips

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

WENDALL JERMAINE HALL, Plaintiff, v. Case No. 3:18-cv-1324-J-39MCR MS. PHILLIPS, et al., Defendants. _______________________________ ORDER The plaintiff’s motion to compel defendant Johnson’s attorney to provide him a free copy of his deposition transcript (Doc. 70), which defendant Johnson opposes (Doc. 71), is denied. The plaintiff’s in forma pauperis (IFP) status does not entitle him to free copies of pleadings, motions, orders, or other documents.

See Jackson v. Florida Dep’t of Fin. Servs., 479 F. App’x 289, 292-93 (11th Cir. 2012) (“This Court has never held that a prisoner’s right of access to the courts entitles a prisoner- plaintiff, even one proceeding [IFP], to free copies of court documents, including his own pleadings.”) (citing Harless v. United States, 329 F.2d 397, 398–99 (5th Cir. 1964) (“The statutory right to proceed [IFP] does not include the right to obtain copies of court orders, indictments, and transcript of record, without payment . . . .”)).

As a practical matter, and as defendant’s attorney notes (Doc. 71), if the defendants rely upon the plaintiff’s deposition transcript in support of a motion for summary judgment, they will be reguired to submit the entire deposition transcript as an exhibit. See Order (Doc. 63).

DONE AND ORDERED at Jacksonville, Florida, this llth day of June 2020. ee UNITED STATES MAGISTRATE JUDGE Jax-6 Cc: Wendell Jermaine Hall Counsel of record

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