Cox v. Hiland et al, No. 5:2009cv00043 - Document 77 (W.D. Ky. 2011)
Court Description: MEMORANDUM OPINION & ORDER denying 76 Motion for copies of record; copy request form sent to plaintiff pursuant to order. Signed by Chief Judge Thomas B. Russell on 4/11/2011. cc:counsel (KJA)
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY PADUCAH DIVISION CASE NO.: 5:09-CV-00043-TBR CLAUDE R. COX PLAINTIFF v. STEVE HILAND, MD, et al. DEFENDANTS MEMORANDUM OPINION AND ORDER By Memorandum Opinion and Order entered January 11, 2011, this Court denied Plaintiff's request for copies of the entire record without cost. Plaintiff has now filed a second motion seeking the same relief, this time advising that he needs the documents "for my court of appeal's case so I can appeal the case." The record, however, reflects that Plaintiff does not have an appeal pending in the Sixth Circuit Court of Appeals, and because the Court dismissed this case months ago on August 5, 2010, any appeal filed at this time is untimely. See Fed. R. App. P. 4(a). In any event, the federal in forma pauperis statute under 28 U.S.C. ยง 1915(a), does not give the litigant a right to have documents copied and returned to him at government expense. In re Richard, 914 F.2d 1526, 1527 (6th Cir. 1990); Douglas v. Green, 327 F.2d 661, 662 (6th Cir. 1964) ( The statutory right to proceed in forma pauperis, Section 1915(a), Title 28 United States Code, does not include the right to obtain copies of court orders without payment therefor. ). Furthermore, the Court sent Plaintiff a copy of each memorandum opinion and order entered in this case, and none of those documents have been returned to the Court by the U.S. Postal Service. IT IS THEREFORE ORDERED that Plaintiff's second request for copies without cost is DENIED. The Court previously directed the Clerk of Court to send Plaintiff a copy of the docket sheet. The Court now DIRECTS the Clerk of Court to send Plaintiff a Copy Request Form to fill out should Plaintiff desire to pay for the copies. The Court will not consider any further motions for copies without cost filed in this action. April 11, 2011
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
