Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Jorge Fajardo Hernandez, Petitioner, vs. John Ashcroft, et al.,

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No. CV 03-1932-PHX-MHM ORDER

Pending before the Court is Petitioner's post-judgment request for a copy of his Petition (Doc. #5). The Clerk of Court charges .50¢ per page for reproducing any record or paper. See Judicial Conference Schedule of Fees ¶ 4, foll. 28 U.S.C. § 1914. "The Supreme Court has declared that `the expenditure of public funds [on behalf of an indigent litigant] is proper only when authorized by Congress . . . .'" Tedder v. Odel, 890 F.2d 210, 211-12 (9th Cir. 1989) (quoting United States v. MacCollom, 426 U.S. 317, 321 (1976). The in forma pauperis statute, 28 U.S.C. § 1915, authorizes the Court to pay for service of process on behalf of an indigent litigant and, in certain cases, to pay the costs of printing the record on appeal and preparing a transcript of proceedings, but the statute does not authorize the Court to pay the costs for an indigent litigant's general copy requests. Cf. Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993) (§ 1915 does not authorize the district courts to waive payment of fees or expenses for witnesses); Tedder, 890 F.2d at 211-12 (same). The Clerk of Court will provide Petitioner with copies of documents filed in this case only upon receipt
Document 6 Filed 09/09/2005 Page 1 of 2

Case 2:03-cv-01932-MHM--VAM

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of a written request (not a motion) accompanied by payment of the .50¢ per page copy fee. The Petition (Doc. #1) consists of 7 pages. To obtain a copy of his Petition, Petitioner must submit a written request accompanied by a check or money order in the amount of $3.50 to the Clerk of Court. IT IS ORDERED that Petitioner's motion for a copy of the Petition (Doc. #5) is denied. DATED this 7th day of September, 2005.