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In re Donald

United States Court of Appeals, Sixth Circuit
Oct 5, 1990
914 F.2d 1526 (6th Cir. 1990)

Summary

holding that in forma pauperis status "does not give the litigant a right to have documents copied and returned to him at government expense."

Summary of this case from Dyess v. Mullins

Opinion

No. 90-8358.

Submitted October 2, 1990.

Decided October 5, 1990.

Donald L. Richard, Sr., Grafton, Ohio, pro se.

Petition from the District Court.

Before JONES and WELLFORD. Circuit Judges, and ENGEL, Senior Circuit Judge.


ORDER

The petitioner, an Ohio inmate, seeks a writ of mandamus directing the district court to return to him a file stamped copy of the notice of appeal he filed in Richard v. Wells, et al., Dist. No. 90-CV-610. In response, the district court has submitted a copy of its docket sheet and a letter setting forth the procedural history of the above case. It discloses the action was dismissed as frivolous on May 24, 1990. The petitioner's notice of appeal was filed on July 13, 1990. That appeal is now docketed with this Court as Case No. 90-3657.

The remedy of mandamus is a drastic one, to be invoked only in extraordinary situations where the petitioner can show a clear and indisputable right to the relief sought. Will v. Calvert Fire Insurance Co., 437 U.S. 655, 661-62, 98 S.Ct. 2552, 2556-57, L.Ed.2d 504 (1978); Kerr v. United States District Court, 426 U.S. 394, 402-03, 96 S.Ct. 2119, 2123-24, 48 L.Ed.2d 725 (1976). We conclude the petitioner has not made such a showing in this case. Although the petitioner was granted leave to proceed in the district court as a pauper, that status waives only "prepayment of fees and costs and security. . . ." 28 U.S.C. § 1915(a). It does not give the litigant a right to have documents copied and returned to him at government expense.

It therefore is ORDERED that the petition for a writ of mandamus is denied.


Summaries of

In re Donald

United States Court of Appeals, Sixth Circuit
Oct 5, 1990
914 F.2d 1526 (6th Cir. 1990)

holding that in forma pauperis status "does not give the litigant a right to have documents copied and returned to him at government expense."

Summary of this case from Dyess v. Mullins

holding that pauper status "does not give the litigant a right to have documents copied and returned to him at government expense"

Summary of this case from Hoffmann v. Hertz

holding that in forma pauperis status "does not give the litigant a right to have documents copied and returned to him at government expense."

Summary of this case from Balch v. Ohio Dept. of Rehabilitation Corrections

holding that in forma pauperis status "does not give the litigant a right to have documents copied and returned to him at government expense."

Summary of this case from Hurst v. Warden, Madison Correctional Institution

recognizing that an inmate's status as a pauper "does not give [him] a right to have documents copied and returned to him at government expense"

Summary of this case from Story v. United States

stating that an inmate's status as a pauper "does not give [him] a right to have documents copied and returned to him at government expense"

Summary of this case from Story v. United States

stating that 28 U.S.C. § 1915 "does not give the litigant a right to have documents copied and returned to him at government expense"

Summary of this case from James v. Lee

stating that the granting of in forma pauperis status "does not give the litigant a right to have documents copied and returned to him at government expense"

Summary of this case from Majid v. Richards

stating that 28 U.S.C. § 1915 "does not give the litigant a right to have documents copied and returned to him at government expense"

Summary of this case from Davidson v. Sullivan

stating that the granting of in forma pauperis status "does not give the litigant a right to have documents copied and returned to him at government expense"

Summary of this case from Brown v. Strickland

stating that the granting of in forma pauperis status "does not give the litigant a right to have documents copied and returned to him at government expense"

Summary of this case from Smyth v. Urch

noting that the in forma pauperis statute "does not give the litigant a right to have documents copied and returned to him at government expense"

Summary of this case from Infinity v. Felice

stating that the granting of in forma pauperis status "does not give the litigant a right to have documents copied and returned to him at government expense"

Summary of this case from Taylor v. Ozmint

stating that the granting of in forma pauperis status "does not give the litigant a right to have documents copied and returned to him at government expense"

Summary of this case from Taylor v. Lang

stating that the granting of in forma pauperis status "does not give the litigant a right to have documents copied and returned to him at government expense"

Summary of this case from Taylor v. Ozmint

noting that the in forma pauperis statute "does not give the litigant a right to have documents copied and returned to him at government expense"

Summary of this case from Wichelman v. County of Sacramento

stating that the granting of in forma pauperis status "does not give the litigant a right to have documents copied and returned to him at government expense"

Summary of this case from Fair v. Ozmint

stating that the granting of in forma pauperis status "does not give the litigant a right to have documents copied and returned to him at government expense"

Summary of this case from Hazel v. McElvogue
Case details for

In re Donald

Case Details

Full title:IN RE DONALD L. RICHARD, SR., PETITIONER

Court:United States Court of Appeals, Sixth Circuit

Date published: Oct 5, 1990

Citations

914 F.2d 1526 (6th Cir. 1990)

Citing Cases

Davidson v. Sullivan

See e.g., In re Richard, 914 F.2d 1526, 1527 (6th Cir. 1990) (stating that 28 U.S.C. § 1915 "does not give…

Story v. United States

Mr. Story did not order the transcripts of his sentencing hearing to support his claims or to aid the Court…