Padilla v. State of Nevada

• Court: District Court, D. Nevada
• Decided: February 22, 2023
• Docket: 2:20-cv-00066
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** RAYMOND PADILLA, 4 Plaintiff(s), 5 2:20-cv-00066-KJD-VCF v. ORDER 6 OFFICER ROBERT KNICKERBOCKER, OFFICER DARYL REITZ, OFFICER ALEX 7 OCHOA, OFFICER DAVID BROOKS, PATRICK FISCHER, KIMBERLY 8 SPANNENBERGER, ELIZABETH A. 9 MERCER, GENEVIEVE CRAGGS, AGNES M. LEXIS, 10 Defendant(s). 11 Before the Court are the motion for print out of motions (ECF No. 68) and motion for objections 12 (hearing requested) (ECF Nos. 69 and 70). 13 While “prisoners have a constitutional right of access to the courts,” Bounds v. Smith, 430 U.S. 14 817, 821 (1977), there is no constitutional right to receive photocopies free of charge. Sands v. Lewis, 15 886 F.2d 1166, 1169 (9th Cir. 1990), overruled on other grounds by Lewis v. Casey, 518 U.S. 343, 351 16 (1996). The rule prohibiting free photocopies is the same for plaintiffs proceeding in forma pauperis. See 17 In re Richard, 914 F.2d 1526, 1527 (6th Cir. 1990) (Title 28 U.S.C. section 1915 “waives only 18 ‘prepayment of fees and costs and security ...’ ” [but] does not give the litigant a right to have documents 19 copied and returned to him at government expense). Plaintiff has not shown he has been denied access to 20 obtaining his own copy and, therefore, his request for free copies of the pending motions is denied. 21 Under LR 10-1, an attorney or pro se party who wishes to receive a file-stamped copy of any 22 pleading or other paper must submit one additional copy and, if by mail, a self-addressed, postage-paid 23 envelope. A party who is granted leave to proceed in forma pauperis need not submit a self-addressed, 24 postage-paid envelope. 25 1 1 Copies of court filings must be obtained through the clerk's office. The court's schedule of fees is 2 attached, and the copying cost fees are highlighted. 3 In plaintiff’s motion for objections and hearing (ECF Nos. 69 and 70), plaintiff is moving to 4 exclude (1) information concerning his prior convictions; (2) information concerning Plaintiff’s alleged 5 gang affiliation; and (3) information and/or photos concerning District Court Case No. C-16-318579-1, 6 and Nevada Supreme Court Case No. 73353. Plaintiff’s motion is a premature motion in limine. Plaintiff 7 may re-file at the appropriate time. 8 Accordingly, 9 IT IS HEREBY ORDERED that the motion for print out of motions (ECF No. 68) is DENIED. 10 IT IS FURTHER ORDERED that motion for objections (hearing requested) (ECF Nos. 69 and 11 70), is DENIED without prejudice. NOTICE 12 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 13 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 14 15 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 16 may determine that an appeal has been waived due to the failure to file objections within the specified 17 time. Thomas v. Arn, 474 U.S. 140, 142 (1985). 18 This circuit has also held that (1) failure to file objections within the specified time and (2) 19 failure to properly address and brief the objectionable issues waives the right to appeal the District 20 Court's order and/or appeal factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 21 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 22 Pursuant to LR IA 3-1, the plaintiff must immediately file written notification with the court of any 23 change of address. The notification must include proof of service upon each opposing party’s attorney, 24 or upon the opposing party if the party is unrepresented by counsel. Failure to comply with this rule may 25 2 result in dismissal of the action.

5 IT IS SO ORDERED.

3 DATED this 22nd day of February 2023. Load toc. ‘ 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

U.S. DISTRICT COURT □□ DISTRICT OF NEVADA Hon. Miranda M. Du, Chief Judge

COURT INFORMATION RULES / ORDERS / PLANS COVID-19 CASE INFORMATION

JURORS ATTORNEYS SELF HELP

Home Court Information Fee Schedule

EFFECTIVE FEE NAME + DESCRIPTION > FEE > DATE Apostille For issuance of an apostille of any document filed with the court. $47.00 10/1/2019 Appeal to To file an appeal of a judgment of conviction by a Magistrate Judge in $39.00 12/1/2020 District Judge a misdemeanor case. Ninth To file an appeal with the Ninth Circuit Court of Appeals. Includes the $505.00 12/1/2016 Circuit Court of clerk's $5.00 filing fee and the $500.00 court of appeals docketing Appeals fee. Fees are to be paid at the district court. Certificate of For a duplicate certificate of admission or a certificate of good $20.00 12/1/2020 Good Standing standing. Certification To certify any document or paper filed with the court, whether the $11.00 12/1/2016 certification is made directly on the document or by separate instrument. Civil Filing Fee $350 filing fee plus $52 administrative fee; admin fee does not apply $402.00 12/1/2020 to persons granted in forma pauperis status under 28 U.S.C. 1915. For Court staff to reproduce any document from an electronic $0.10, 12/1/2016 Electronic format, $.10 per page. This fee does not include certification. Format CopyingNon- —_—_—For Court staff to reproduce any paper record that notelectronic, $0.50 12/1/2016 electronic $.50 per page. This fee does not include certification. Cuban Liberated For filing an action brought under Title III of the Cuban Liberty and $6,800.00 12/1/2020 Civil Filing Fee Democratic Solidarity (LIBERTAD) Act of 1996. This fee is in addition to the standard $400.00 filing fee. Exemplification For exemplification of any document filed with the court. $23.00 12/1/2020

U.S. DISTRICT COURT DISTRICT OF NEVADA Hon. Miranda M. Du, Chief Judge

COURT INFORMATION RULES / ORDERS / PLANS COVID-19 CASE INFORMATION

Petition for Writ ‘To file a petition for writ of habeas corpus. $5.00 12/1/2016 of Habeas Corpus Power of To file a power of attorney. $49.00 12/1/2020 Attorney Recorder Audio For a copy of an audio recording of a court proceeding that was not $32.00 12/1/2020 CDs reported by an official court reporter. Records Search To file a requisition for and certifying the results of asearch of court $32.00 12/1/2020 for judgments, decrees, other instruments, and suits pending. Fee is for each name searched. Registering a To register a judgment from another district pursuant to 28 U.S.C. $49.00 12/1/2020 Foreign 1963. Judgment Retrieval from For retrieval of one box of records from the Federal Records Center, $64.00 12/1/2016 Federal Records _—_ National Archives, or other storage location removed from the place Center of business of the Court, $64. For retrievals involving multiple boxes, $39 for each additional box. For electronic retrievals, $10 plus any charges assessed by the Federal Records Center, National Archives, or other storage location removed from the place of business of the courts. Returned For any payment paid into the Court which is returned or denied for $53.00 12/1/2016 Payments insufficient funds. Showing 1 to 20 of 20 entries