Merrival v. Pepin

D. Nebraska

Merrival v. Pepin

DecidedMay 1, 2025

Docket8:24-cv-00361

StatusUnknown

This text of Merrival v. Pepin (Merrival v. Pepin) is published on Counsel Stack Legal Research, covering District Court, D. Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Merrival v. Pepin, (D. Neb. 2025).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

MICHAEL LYNN MERRIVAL, JR.,

Plaintiff, 8:24CV361

vs. MEMORANDUM AND ORDER JEREMY PEPIN, M.D.; and MATTHEW PEPIN,

Defendants.

This matter is before the Court on Plaintiff’s Motion for Copies, Filing No. 16. Plaintiff seeks free copies of the original Complaint he filed in this case and copies of the Memorandum and Order the Court mailed. Filing No. 1 at 1. The statutory right to proceed in forma pauperis does not include the right to receive copies of documents without payment. See 28 U.S.C. § 1915; see also Haymes v. Smith, 73 F.R.D. 572, 574 (W.D.N.Y. 1976) (“The generally recognized rule is that a court may not authorize the commitment of federal funds to underwrite the necessary expenditures of an indigent civil litigant’s action.”) (citing Tyler v. Lark, 472 F.2d 1077, 1078 (8th Cir. 1973)). Plaintiff’s Motion will be denied. The Clerk of Court attempted to mail Plaintiff a copy of the Court’s Memorandum and Order, Filing No. 11, and Judgment, Filing No. 12, in this case on four separate occasions. See Filing Nos. 17, 18, 19, & 20. On each occasion, the Clerk of Court mailed Plaintiff at the address he listed in his Motion for Copies, and on each occasion, the mail was returned undeliverable. If Plaintiff requires copies of court documents, he should contact the Clerk of the Court’s office to update his address and to determine the proper method for requesting and paying for copies. See NEGenR 1.2(d) (“Before providing a service, the clerk requires prepayment of all collectible fees prescribed by statute or the Judicial Conference of the United States.”); see also 28 U.S.C. § 1914 & Judicial Conference Schedule of Fees (fee “[f]or reproducing any record and providing a copy in paper form, $.50 per page”). IT IS THEREFORE ORDERED that

1. Plaintiff's Motion for Copies, Filing No. 16, is denied.

2. The Clerk of Court is directed to mail a copy of this Memorandum and Order to Plaintiff at his last known address.

Dated this 1st day of May, 2025.

BY THE COURT: M. Gerrard enior United States District Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

MICHAEL LYNN MERRIVAL, JR.,

Plaintiff, 8:24CV361

vs. MEMORANDUM AND ORDER JEREMY PEPIN, M.D.; and MATTHEW PEPIN,

Defendants.

This matter is before the Court on Plaintiff’s Motion for Copies, Filing No. 16. Plaintiff seeks free copies of the original Complaint he filed in this case and copies of the Memorandum and Order the Court mailed. Filing No. 1 at 1. The statutory right to proceed in forma pauperis does not include the right to receive copies of documents without payment. See 28 U.S.C. § 1915; see also Haymes v. Smith, 73 F.R.D. 572, 574 (W.D.N.Y. 1976) (“The generally recognized rule is that a court may not authorize the commitment of federal funds to underwrite the necessary expenditures of an indigent civil litigant’s action.”) (citing Tyler v. Lark, 472 F.2d 1077, 1078 (8th Cir. 1973)). Plaintiff’s Motion will be denied. The Clerk of Court attempted to mail Plaintiff a copy of the Court’s Memorandum and Order, Filing No. 11, and Judgment, Filing No. 12, in this case on four separate occasions. See Filing Nos. 17, 18, 19, & 20. On each occasion, the Clerk of Court mailed Plaintiff at the address he listed in his Motion for Copies, and on each occasion, the mail was returned undeliverable. If Plaintiff requires copies of court documents, he should contact the Clerk of the Court’s office to update his address and to determine the proper method for requesting and paying for copies. See NEGenR 1.2(d) (“Before providing a service, the clerk requires prepayment of all collectible fees prescribed by statute or the Judicial Conference of the United States.”); see also 28 U.S.C. § 1914 & Judicial Conference Schedule of Fees (fee “[f]or reproducing any record and providing a copy in paper form, $.50 per page”). IT IS THEREFORE ORDERED that

1. Plaintiff's Motion for Copies, Filing No. 16, is denied.

2. The Clerk of Court is directed to mail a copy of this Memorandum and Order to Plaintiff at his last known address.

Dated this 1st day of May, 2025.

BY THE COURT: M. Gerrard enior United States District Judge

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