Austin v. Eppinger

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

JAMES AUSTIN, pro se ) CASE NO. 1:21-cv-00922 ) Petitioner, ) JUDGE DAVID A. RUIZ ) V. ) ) WARDEN CHARMAINE BRACY, ) ) Respondent. ) ) ORDER

In May of 2021, pro se Petitioner James Austin filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. (R. 1). He paid the $5.00 filing fee. Jd. Respondent filed a Return of Writ on October 6, 2021 (R. 11), and Petitioner filed a 109-page Traverse on March 3, 2022. (R. 20). On February 12, 2024, the assigned Magistrate Judge issued a Report and Recommendation recommending that the petition be denied. (R. 27). On February 26, 2024, Petitioner filed a motion for a forty-five day extension of time (R. 28) to file objections to the Magistrate Judge’s Report and Recommendation, which the Court granted. On March 18, 2024, Petitioner filed a “Request for copy of Traverse to Return of Writ.” (R. 30). Petitioner provides no explanation for why he does not possess a hard copy or electronic copy of his own Traverse. Jd.’ He indicates he is indigent and cannot afford the cost of copies. Id.

! The Court notes that the Traverse is not handwritten, but a typed, computer-processed document.

Petitioner’s request is DENIED. To the extent that he is asking for copies of documents he has filed with this Court, he must pay for them. “[T]he law is settled that an inmate does not enjoy a federal constitutional right to unlimited free photocopying services.” Bell Bey v. Toombs, 19 F.3d 1432 (6th Cir. 1994). “Plaintiff’s indigence and his status as a prisoner do not entitle him

to any special privileges in pursuing litigation.” Kerr v. Lenz, No. 3:22-CV-1054, 2022 WL 3043019, at *1 (N.D. Ohio Aug. 2, 2022) (Helmick, J.) (collecting cases). Although the Court recognizes that Petitioner is “an indigent prisoner proceeding pro se, he is not entitled to copies of his [filings] at the court’s expense.” Id. (citing Hammock v. Rogers, No. 1:17-CV-1939, 2019 WL 651602, at *2 (N.D. Ohio Feb. 15, 2019) (Parker, M.J.). Petitioner may seek to obtain copies of any filing at his own expense through the Court’s website. IT IS SO ORDERED.

s/ David A. Ruiz David A. Ruiz United States District Judge Date: April 15, 2024