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Harden v. Soboro

United States District Court, District of Nevada

October 27, 2014

HAROLD D. HARDEN, Plaintiff,
v.
SOBORO, et al., Defendants.

ORDER GRANTING IN PART MOTION (Docket No. 47).

NANCY J. KOPPE, UNITED STATES MAGISTRATE JUDGE.

This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. The statute providing authority to proceed in forma pauperis, 28 U.S.C. § 1915, does not include the right to obtain court documents without payment. Id. “The granting of an application to proceed in forma pauperis does not waive the applicant’s responsibility to pay expenses of litigation which not covered by 28 U.S.C. § 1915.” LSR 1-8. Courts have not permitted 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 F.Supp.2d 399 (S.D.N.Y. 2006); Guinn v. Hoecker, 43 F.3d 1483 (10th Cir. 1994) (no right to free copy of any document in record unless plaintiff demonstrates specific need); In re Richard, 914 F.2d 1526 (6th Cir. 1990) (28 U.S.C. § 1915 does not give litigant right to have documents copied at government expense); Douglas v. Green, 327 F.2d 661, 662 (6th Cir. 1964) (no free copy of court orders).

Pending before the Court is Plaintiffs motion for a copy of the docket history, orders, and proceedings/Court minutes. See Docket No. 47. Plaintiff asserts that he was transferred and, therefore, doe not have any of his old files. See Id . The Court hereby GRANTS the motion in part. The Court INSTRUCTS the Clerk’s Office to mail Plaintiff a copy of the docket in this case. As to any documents issued in this case, Plaintiffs motion will be denied without prejudice. Plaintiff may file a renewed motion for the documents which states his specific need and provides a copy of Plaintiffs inmate balance sheet to demonstrate he cannot afford to pay for the copies.

IT IS SO ORDERED.


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