Spencer v. Brott
- David Doty
- 0:17-cv-05035
- U.S. District Court · District of Minnesota
- 3
In Spencer v. Brott, Judge Leung denied Marvin Spencer’s request for court records without prejudice because the request was unclear and copying costs were not waived.
Marvin Spencer, who must identify the records he wants and arrange payment of copying costs if he seeks copies.
What happened
In Spencer v. Brott, pro se plaintiff Marvin Spencer asked the court for two documents, but the court could not determine which records he wanted.
The court explained that permission to proceed without paying certain court fees does not generally cover copying costs. It said Spencer could ask the Clerk’s Office for specifically identified documents and arrange to pay the copying charge.
Magistrate Judge Tony N. Leung denied Spencer’s Motion for Court Records without prejudice, leaving the request open to a properly identified and paid request. The court also left its earlier consistent orders in effect.
The detailed version
- Spencer v. Brott · No. 0:17-cv-05035
- David Doty
- Aug. 7, 2019
Background
Pro se plaintiff Marvin Spencer filed a Motion for Court Records. He requested two memoranda, but the court found it unclear which documents he wanted copies of. Spencer had been allowed to proceed without paying some court fees because of financial hardship.
Court’s reasoning
The court explained that the federal statute governing fee waivers for people who cannot afford litigation costs, 28 U.S.C. § 1915, does not cover every expense of a case. Although the statute can waive or defer certain fees and provide for payment of some required records or transcripts in specified circumstances, it does not generally require the court to pay an indigent litigant’s copying costs.
The court said Spencer could contact the Clerk’s Office, identify the specific documents he wanted, and arrange payment at the court’s rate of $0.50 per page.
Ruling
The court ordered that Spencer’s Motion for Court Records, ECF No. 79, was DENIED WITHOUT PREJUDICE. The court also ordered that all earlier consistent orders remain in full force and effect. Magistrate Judge Tony N. Leung signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.