Handy v. Taylor

Background

Michael Handy, a state prisoner proceeding without a lawyer, filed a civil-rights complaint under 42 U.S.C. § 1983. The court had dismissed his complaint while allowing him to file an amended complaint. Handy then filed motions seeking an extension of time to amend, a copy of his complaint, transcripts from a state criminal case, and appointment of counsel.

Rulings

The court granted Handy’s request for an extension of time. It ordered him to file his amended complaint by September 30, 2020, and stated that the action would be dismissed without prejudice if he failed to meet that deadline.

The court granted in part Handy’s request for a copy of his complaint. The clerk was directed to copy pages 1 through 15 and send them to Handy with the order. Handy was required to pay for copies of the remaining pages and attached exhibits, and the clerk was directed to provide a form for requesting and paying for additional copies.

The court denied Handy’s request for transcripts. It stated that the federal court could not order the state court to provide free transcripts and could not pay for them because public funding for those transcripts was not authorized by the relevant statute.

The court denied Handy’s request for appointment of counsel for lack of exceptional circumstances. The denial was without prejudice to the court appointing counsel later if the circumstances warranted it. Judge Yvonne Gonzalez Rogers ordered that the motions docketed as No. 19 were terminated.