Thorpe v. Gowans
Thorpe v. Gowans
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION CIVIL CASE NO. 5:18-cv-00162-MR
MARCUS A. THORPE, ) ) Plaintiff, ) ) vs. ) ORDER ) ) DERRICK COPELAND, et al., ) ) Defendants. ) ___________________________ )
THIS MATTER is before the Court on the Plaintiff’s “Request in Receiving a Copy of My Response to Discovery,” [Doc. 91], which the Court construes as a motion for copies. Pro se Plaintiff Marcus A. Thorpe (“Plaintiff”) is a prisoner of the State of North Carolina currently incarcerated at Maury Correctional Institution in Maury, North Carolina. He filed this action pursuant to
28 U.S.C. § 1983in October 2018. [Doc. 1]. Recently, Plaintiff declined appointed counsel and decided to proceed to trial in this matter pro se. [Docs. 86, 87]. The trial is set to begin on March 31, 2023. [1/30/2023 Docket Entry]. Now before the Court is Plaintiff’s motion for copies in which he requests “a copy of the response that [he] filed to the discovery that was produced to the courts.” [Doc. 91]. The Court will deny Plaintiff’s motion. In accordance with procedure, Plaintiff’s discovery responses were not filed
with the Court. As such, the Court does not have access to the documents Plaintiff seeks. Moreover, even if the Court had the requested documents, Plaintiff failed to include payment for the copies he requests. A litigant is
ordinarily required to pay his own litigation expenses, even if he is indigent. See United States v. MacCollom,
426 U.S. 317, 321(1976) (“The established rule is that the expenditure of public funds is proper only when authorized by Congress….”). The Court is not a copying service. Should Plaintiff need
copies of documents filed in the docket in this matter, he may pay for the copies he seeks at the standard rate of $.50 per page. See https://www.ncwd.uscourts.gov/court-fees. The Court will, however, instruct
the Clerk to provide the Plaintiff with a copy of the current docket sheet as a courtesy. ORDER IT IS, THEREFORE, ORDERED that Plaintiff’s motion [Doc. 91] is
DENIED. The Clerk is respectfully instructed to send Plaintiff a copy of the docket sheet in this matter. IT IS SO ORDERED. Signed: March 6, 2023
Martifi Reidinger Ly Chief United States District Judge AU,
Reference
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