Lawrence v. County of Elko

District Court, D. Nevada

Lawrence v. County of Elko

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA

3 NATHAN DOUGLAS LAWRENCE, Case No. 3:19-cv-00284-MMD-WGC

4 Plaintiff, ORDER

5 v.

6 ELKO COUNTY, et al.,

7 Defendants.

8 9 I. DISCUSSION 10 This action began with a pro se civil rights complaint filed under

42 U.S.C. § 1983

11 by a former state prisoner. On March 10, 2020, this Court issued an order directing 12 Plaintiff to file his updated address and a non-prisoner application to proceed in forma 13 pauperis with this Court within thirty (30) days. (ECF No. 14.) Plaintiff filed an updated 14 address with the Court, but he did not file a non-prisoner application to proceed in forma 15 pauperis. (ECF No 16.) Because it was not clear whether Plaintiff received the Court’s 16 order, the Court issued another order stating that Plaintiff must file a non-prisoner 17 application to proceed in forma pauperis within thirty days. (ECF No. 17.) Plaintiff did not 18 file a non-prisoner application to proceed in forma pauperis or otherwise respond to the 19 Court’s order, and on September 9, 2020, the Court dismissed this action without 20 prejudice and closed this case. (ECF No. 18.) 21 Plaintiff has now filed another change of address and requested copies of all the 22 documents filed in this case so that he can file an amended complaint. (ECF No. 21.) 23 This case has been closed, and Plaintiff cannot file an amended complaint in this case. 24 However, because the case was dismissed without prejudice, Plaintiff may pursue his 25 claims in a new action by filing a complaint and an application to proceed in forma 26 pauperis in a new case. 27 As for Plaintiff’s request for copies, there is a per page charge for copy work. 28 Copies produced from an electronic format (CM/ECF) are $.10 per page; copies produced 1 from a physical format are $.50 per page. An inmate has no constitutional right to free 2 photocopying. Johnson v. Moore,

948 F.2d 517, 521

(9th Cir. 1991). The Court cannot 3 provide free copies even to indigent plaintiffs proceeding in forma pauperis as the in forma 4 pauperis statute,

28 U.S.C. § 1915

, does not authorize the Court to pay the costs for an 5 indigent litigant’s copy requests. 6 The Court will direct the Clerk of the Court to send Plaintiff a courtesy copy of his 7 original complaint, as well as the approved form for filing a § 1983 complaint and 8 instructions for the same. The Court will also direct the Clerk of the Court to send Plaintiff 9 a copy of the docket sheet. If Plaintiff would like copies of any other filings, he must fill 10 out the appropriate paperwork and pay for the copies. 11 II. CONCLUSION 12 For the foregoing reasons, it is ordered that Plaintiff’s request for copies (ECF No. 13 21) is granted in part and denied in part. The Clerk of the Court will send to Plaintiff the 14 approved form for filing a § 1983 complaint, instructions for the same, a copy of his original 15 complaint (ECF No. 1-1), and a copy of the docket sheet. If Plaintiff would like copies of 16 any other filings, he must fill out the appropriate paperwork and pay for the copies. 17 It is further ordered that if Plaintiff wishes to pursue his claims, he may initiate a 18 new action by filing a new complaint and a new application to proceed in forma pauperis 19 in a new case. 20

21 DATED THIS _1_6_th day of October 2020. 22

23 UNITED STATES MAGISTRATE JUDGE 24

25 26 27 28

Reference

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