1

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Donald E. Mitchell, JR., Case No. 2:19-cv-01933-JAD-DJA 6 Plaintiff, 7 Order v. 8 Brian Williams, SR. et al., 9 Defendants. 10 11 This is an action arising out of Plaintiff’s claims that his rights were violated at the High 12 Desert State Prison. Plaintiff moves to receive a copy of his complaint and exhibits and to extend 13 the discovery deadline for three months. Because the Court finds that Plaintiff has not received his 14 initial courtesy copy and that Plaintiff has demonstrated good cause to extend discovery, it grants 15 the motions. The Court finds these matters properly resolved without a hearing. LR 78-1. 16 I. Background. 17 Plaintiff is an inmate at the High Desert State Prison. He moves for a copy of his 18 complaint and exhibits (ECF No. 16), explaining that he never received his courtesy copy and 19 cannot prosecute his case without it. Defendants did not respond. 20 Plaintiff also moves to extend the discovery deadlines (ECF No. 17). He explains that he 21 never received a courtesy copy of his complaint and that correctional officers are preventing him 22 from receiving and filing his legal documents. Plaintiff requests a three-month extension of the 23 discovery deadline (ECF No. 14). Defendants did not respond. 24 II. Discussion. 25 A. The Court grants Plaintiff’s request for a courtesy copy of his complaint. 26 The statute allowing parties to proceed in forma pauperis does not include the right to 27 obtain court documents without payment. See

. And granting an in forma 1 litigation not covered by

. LSR 1-6. The Court ordinary cannot provide free 2 copies even to indigent plaintiffs proceeding in forma pauperis. See Jackson v. Philson, No. 3 3:20-cv-00009-GMN-CLB,

, at *1 (D. Nev. Sept. 28, 2020). However, when 4 screening complaints, the Court routinely provides pro se prisoner plaintiffs with a courtesy copy 5 of their complaints. See

6 Here, Plaintiff claims to have never received a courtesy copy of his complaint and its 7 exhibits after the Court screened it. Thus, in this specific instance, the Court will grant Plaintiff’s 8 motion and provide him with a courtesy copy of the complaint and its attached exhibits (ECF No. 9 4). However, the Court informs Plaintiff that it will not provide him with free copies of any 10 documents in the future, regardless of his indigent status. 11 B. The Court grants Plaintiff’s motion to extend discovery. 12 A party must request to extend discovery at least 21 days before the deadline. LR 26-3. 13 Courts evaluate pro se filings liberally. See Balistreri v. Pacifica Police Dep’t,

, 699 14 (9th Cir. 1990). The motion to extend must include: (1) a statement of the discovery completed; 15 (2) a description of the discovery remaining; (3) the reasons why the remaining discovery cannot 16 be completed within the time limit; and (4) a proposed schedule for completing all remaining 17 discovery. LR 26-3(a)-(d). The failure of an opposing party to file points and authorities in 18 response to any motion constitutes a consent to granting of the motion. LR 7-2(d). 19 Here, Plaintiff timely requested to extend discovery, filing it on July 26, 2021, more than 20 twenty-one days before the September 20, 2021 discovery cutoff. Construing his motion 21 liberally, he has also met the requirements under LR 26-3. Plaintiff has explained: (1) that no 22 discovery has been conducted; (2) that he anticipates serving requests for production, requests for 23 admission, and interrogatories; (3) that he cannot complete discovery within the time frame 24 because he does not have a copy of his complaint; and (4) that he proposes a three-month 25 extension. Additionally, Defendants have not responded to Plaintiff’s motion. The Court thus 26 grants his request to extend the discovery deadlines by ninety days. The Court will not, however, 27 extend the deadline to amend pleadings or add parties, which passed on August 23, 2021. ] IT IS THEREFORE ORDERED that Plaintiffs motion for a courtesy copy of his 2 || complaint (ECF No. 16) is granted. The Clerk of Court is kindly directed to mail Plaintiff a copy 3 || of his complaint and its exhibits filed as ECF No. 4. 4 IT IS FURTHER ORDERED that Plaintiff's motion to extend the discovery deadlines is 5 || granted. The following deadlines shall apply to discovery in this case: 6 7 Discovery cutoff Monday, December 20, 2021 8 Discovery motions Monday, January 3, 2022 9 Dispositive motions Tuesday, January 18, 2022 10 Joint pretrial order Wednesday, February 17, 2022 1 If dispositive motions are filed, the date for filing the joint pretrial order 12 will be suspended until thirty days after a decision on the dispositive 13 motions or until further order of the 14 Court. 15 DATED: September 2, 2021 yr □ 16 P □□□ SN () DANIEL J. ALBREGTS)) 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28