Perez-Gonzalez v. United States ( 2024 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 JOSE ABEL PEREZ-GONZALEZ, Case No. 2:12-cv-01008-GMN-PAL 6 Petitioner, v. ORDER 7 UNITED STATES OF AMERICA, et al., 8 Respondents. 9 10 Petitioner Jose Abel Perez-Gonzalez appears to challenge his federal conviction and/or 11 sentence. Before the Court in this closed case is Petitioner’s Motion to Provide All the Proper 12 Documents (ECF No. 9) and Petitioner’s Motion for Hearing or Court Guidance (ECF No. 11). 13 This case was closed in 2013 when the Court dismissed the case with prejudice based on 14 Petitioner’s failure to keep the Court informed of his address as required by LSR 2-2. ECF No. 5. 15 Generally, an inmate has no constitutional right to free photocopying or to obtain court 16 documents without payment. Johnson v. Moore, 948 F.2d 517, 521 (9th Cir. 1991). The 17 fundamental constitutional right of access to the courts requires prison authorities to help inmates 18 prepare and file “meaningful legal papers by providing prisoners with adequate law libraries or 19 adequate assistance from persons trained in the law,” Bounds v. Smith, 430 U.S. 817, 828 (1977); 20 it does not impose an obligation “to finance and support prisoner litigation,” Lewis v. Casey, 518 21 U.S. 343, 384–85 (1996). 22 Federal courts do not allow prisoners or any other litigants to accrue copy fees—payment 23 for copy fees is required at the time a request is made. LR IC 1-1(i)(5) (paper copies of filed 24 documents may be obtained from the clerk’s office after payment of copying fees).1 Nothing in 25 26 1 Pursuant to 28 U.S.C. § 1914, the Judicial Conference has adopted a schedule of fees for copying and related services provided by the United States Courts. A fee of 50¢ per page is charged for 27 court staff to reproduce any record or paper filed in a case. See Fee Schedule, available on the court’s website at https://www.nvd.uscourts.gov/court-information/fee-schedule/. 28 1 || federal law, the Federal Rules of Civil Procedure, the Local Rules of Practice, or established case 2 || law authorizes federal courts to waive or finance copy fees in closed habeas cases. LSR 1-7 3 || (stating that in forma pauperis status does not waive a party’s “responsibility to pay the expenses 4 || of litigation that are not covered by 28 U.S.C. § 1915,” which does not provide for copies). To 5 || the extent he seeks paper copies of the docket, Petitioner is advised that payment is required for 6 || all copies of documents contained in this Court’s docket. His Motion to Provide All the Proper 7 || Documents (ECF No. 9) is therefore denied. 8 Petitioner also appears to request a hearing and/or court guidance. ECF No. 11. He 9 || references citizenship, an appeal, and default judgment. His Motion is nearly inscrutable, and he 10 || nonetheless fails to provide any support for his request. Accordingly, his Motion for Hearing 11 || (ECF No. 11) is denied. 12 It is therefore ordered that Petitioner’s Motion to Provide All the Proper Documents 13 |} (ECF No. 9) is DENIED. 14 It is further ordered that Petitioner’s Motion for Hearing or Court Guidance (ECF No. 11) 15 || is DENIED. 16 DATED: April 8, 2024 17 18 19 GLO M. NAVARRO UN STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28