Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:01-cv-01786-CFD

Document 101

Filed 08/26/2004

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT PRISONER CIVIL NO. 3:01CV1786 (CFD)(WIG)

GARY SADLER v.

: :

GOVERNOR JOHN ROWLAND, ET AL. :

AUGUST 25, 2004

MEMORANDUM IN OPPOSITION TO PLAINTIFF'S REQUEST FOR PHOTOCOPY OF PLAINTIFF'S AMENDED COMPLAINT DATED AUGUST 10, 2004 By pleading dated August 10, 2004, entitled "Request for Photocopy of Plaintiff's Amended Complaint" the plaintiff pro se inmate in the above case asks this court to send him a free copy of this Amended Complaint "because his copy has been lost." Plaintiff's Request, p. 1. He alleges the document is necessary "in order to provide the Court with proof that he has exhausted his administrative Remedies (to which he is now able to provide the Court and the defendants with)." [sic] Id. We urge the court to deny the request. Although plaintiff may have been permitted to file his complaint in forma pauperis, this status only relieves him of the cost of filing his action. He is not automatically entitled to copies or other materials. See Guinn v. Hoecker, No. 94-1257, 1994 WL 702684 (10th Cir. Dec. 15 1994) (28 U.S.C. § 1915 does not include free copies of any document in record; court may constitutionally require indigent plaintiff to demonstrate need for free copy) cert. denied 514 U.S. 1118 (1995); Douglas v. Green, 327 F.2d 661, 662 (6th Cir. 1964) (28 U.S.C. § 1915 does not include the right to receive copies of court orders without payment). Accordingly, before plaintiff can receive free copies from the court, he must demonstrate (1) why he needs a copy; and (2) lack of funds to pay for the document at 50 cents per page. Browdy v. Karpe, No. 3:00 CV 1866 (CFD)(WIG) (Ruling and Order, March 26, 2003), Attachment A.

Case 3:01-cv-01786-CFD

Document 101

Filed 08/26/2004

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In the instant case, plaintiff fails to demonstrate necessary proof.

He does not explain

why he needs a copy of the Amended Complaint to prove that he has exhausted his administrative remedies, particularly considering the fact that he contends that he is now able to provide the court and defendants with such proof. Also plaintiff does not show inability to pay. To the contrary, his inmate account shows that he has money, but spends it on other options. See Inmate Account, Attachment B. Wherefore, we urge the court to deny plaintiff's request. DEFENDANTS Governor John Rowland, et al. RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:

__/s/_______________________________ Robert F. Vacchelli Assistant Attorney General 110 Sherman Street Hartford, CT 06105 Federal Bar #ct05222 E-Mail: [email protected] Tel: (860) 808-5450 Fax: (860) 808-5591

Case 3:01-cv-01786-CFD

Document 101

Filed 08/26/2004

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CERTIFICATION

I hereby certify that a copy of the foregoing was mailed to the following on this 25th day of August, 2004: Gary Sadler #236395 MacDougall-Walker Correctional Institution 1153 East Street South Suffield, CT 06080 Sr. Asst. Attorney General Mark R. Davis Office of the Attorney General 900 East Main Street Richmond, VA 23219 Steven R. Strom Assistant Attorney General 110 Sherman Street Hartford, CT 06105

_____/s/____________________________ Robert F. Vacchelli Assistant Attorney General