Brendan Welch And Welch Racing V David Wright Et Al

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Automated Summary

Key Facts

Plaintiff Brendan Welch, proceeding in forma pauperis, sought a free copy of his First Amended Complaint to prepare a supplement required by the Court's October 29, 2025, Memorandum and Order. The Court granted the motion for this specific purpose but emphasized that future copy requests must be directed to the Clerk's Office with payment. The original January 30, 2026, deadline to file the supplement was extended by 15 days to February 17, 2026. The Court warned that no further extensions would be granted without exceptional circumstances and will conduct an initial review of the Amended Complaint if the supplement is not filed by the new deadline.

Issues

The court addressed the scope of the in forma pauperis statute (28 U.S.C. § 1915) regarding access to copies of court documents. It ruled that the statutory right does not include free copies but granted the plaintiff's motion as a one-time courtesy to comply with a prior order requiring a supplement to his amended complaint. The court emphasized that future copy requests must be directed to the Clerk's Office and accompanied by payment.

Holdings

  • The court sua sponte grants an additional 15 days for the supplement, extending the deadline to February 17, 2026. Failure to meet this deadline will result in an initial review of the Amended Complaint, with no further extensions without exceptional circumstances.
  • The Clerk's Office is instructed to provide Plaintiff with a copy of the Amended Complaint (Filing No. 42).
  • The Clerk's Office is directed to update the pro se case management deadline from January 30, 2026, to February 17, 2026.
  • The court grants Plaintiff's Motion for Copies (Filing No. 56) to enable him to prepare his supplement to the Amended Complaint. The court warns this is a one-time courtesy, and future copy requests must be directed to the Clerk's Office.

Remedies

  • The Court grants the plaintiff's Motion for Copies to prepare his amended complaint. This is a one-time courtesy, and future requests must be directed to the Clerk's Office.
  • The Court sua sponte grants the plaintiff an additional 15 days beyond the January 30, 2026, deadline to file his Supplement, extending it to February 17, 2026. No further extensions will be granted without exceptional circumstances.
  • The Clerk's Office is instructed to provide the plaintiff a copy of the Amended Complaint at Filing No. 42.
  • The Clerk's Office is directed to terminate the existing pro se case management deadline of January 30, 2026, and set a new deadline of February 17, 2026, for the Supplement to the Amended Complaint.

Legal Principles

The court held that while a plaintiff may proceed in forma pauperis under 28 U.S.C. § 1915, this does not entitle them to free copies of court documents. The decision cited Haymes v. Smith (73 F.R.D. 572, 1976) and Tyler v. Lark (472 F.2d 1077, 1973), emphasizing that federal funds cannot be used to underwrite necessary expenditures for indigent litigants. The court granted the plaintiff a one-time courtesy for copies to comply with a prior order but warned that future requests must be directed to the Clerk's Office with proper payment.

Precedent Name

  • Haymes v. Smith
  • Tyler v. Lark

Cited Statute

United States Code, Title 28, Section 1915

Judge Name

Joseph F. Bataillon

Passage Text

  • 3. The Court, sua sponte, grants Plaintiff an additional 15 days beyond the current January 30, 2026, deadline to file his Supplement... If Plaintiff fails to file his Supplement by February 17, 2026, the Court shall perform an initial review of the Amended Complaint.
  • 1. The Motion, Filing No. 56, is granted. Plaintiff is warned that this is a one-time courtesy and all further requests for copies in this case must be directed to the Clerk's Office.