From Casetext: Smarter Legal Research

Douglas v. Green

United States Court of Appeals, Sixth Circuit
Feb 18, 1964
327 F.2d 661 (6th Cir. 1964)

Summary

denying appellant's motion to proceed in forma pauperis in the absence of a "specific statement" regarding the basis for the appeal

Summary of this case from Scott v. Patrick

Opinion

No. 15716.

February 18, 1964.

Roy Douglas, in pro. per.

William B. Saxbe, Atty. Gen. of Ohio, John Cianflona, Asst. Atty. Gen., Columbus, Ohio, for defendants-appellees.

Before MILLER, PHILLIPS and EDWARDS, Circuit Judges.


In this Declaratory Judgment action filed by appellant in the United States District Court for the Northern District of Ohio, Western Division, at Toledo, Ohio, the District Judge sustained appellees' motion to dismiss, from which order this appeal was taken. The original record was filed with the Clerk of this Court on January 14, 1964.

Appellant filed a motion in this Court on January 28, 1964, that the Clerk of the District Court be required to issue to appellant photostatic copies of all the papers sent to this Court or that he be transported under guard to Toledo, Ohio, for the purpose of copying "certain necessary papers." The motion states that the District Clerk has denied appellant's request to supply him "with copies of the necessary records."

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. Hullom v. Kent, 262 F.2d 862, C.A. 6th, and cases cited therein. Section 753(f), Title 28 United States Code, deals with a copy of the transcript of evidence at Government expense, not with a copy of the record.

The motion does not specify what are the so-called "necessary papers" or why appellant needs such copies. He necessarily knows what he alleged in his complaint, even if he did not retain a copy. No evidence was heard in the District Court. The District Judge wrote an opinion in sustaining appellees' motion to dismiss, a copy of which no doubt was mailed to appellant at the time of the ruling. See: Johnson v. United States, 352 U.S. 565, 77 S.Ct. 550, 1 L.Ed.2d 593; Miller v. United States, 317 U.S. 192, 198, 63 S.Ct. 187, 87 L.Ed. 179.

In the absence of a more specific statement of what papers he seeks copies of, and a showing of the need for such copies, the motion is denied.


Summaries of

Douglas v. Green

United States Court of Appeals, Sixth Circuit
Feb 18, 1964
327 F.2d 661 (6th Cir. 1964)

denying appellant's motion to proceed in forma pauperis in the absence of a "specific statement" regarding the basis for the appeal

Summary of this case from Scott v. Patrick

denying appellant's motion to proceed in forma pauperis in the absence of a "specific statement" regarding the basis for the appeal

Summary of this case from Klein v. Emmet County Court

denying appellant's motion to proceed in forma pauperis in the absence of a "specific statement" regarding the basis for the appeal

Summary of this case from Conner v. West

rejecting appellant's motion for a copy of his pleading because "[h]e necessarily knows what he alleged in his complaint, even if he did not retain a copy"

Summary of this case from Duwenhoegger v. Miles

stating that 28 U.S.C. § 1915 does not include the right to obtain copies of court documents and denying the plaintiff's request for copies of papers he sent to the court absent a showing of the need for such copies

Summary of this case from Martin v. U.C. Med. Ctr.

stating that 28 U.S.C. § 1915 does not include the right to obtain copies of court documents and denying the plaintiff's request for copies of papers he sent to the court in the absence of a showing of the need for such copies

Summary of this case from Alford v. Mohr

stating that 28 U.S.C. § 1915 does not include the right to obtain copies of court documents and denying the plaintiff's request for copies of papers he sent to the court in the absence of a showing of the need for such copies

Summary of this case from Alford v. Mohr
Case details for

Douglas v. Green

Case Details

Full title:Roy DOUGLAS, Appellant, v. LaMoyne GREEN, Superintendent Marion…

Court:United States Court of Appeals, Sixth Circuit

Date published: Feb 18, 1964

Citations

327 F.2d 661 (6th Cir. 1964)

Citing Cases

United States v. Hastings

However, this statute does not apply here, because Defendant has not shown that the Court of Appeals has…

United States v. Dieckhoff

However, the defendant does not have a right to receive copies of documents without payment. See, 28 U.S.C. §…