UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

TIMOTHY BOULDING,

Plaintiff, No. 15-12706

v. District Judge Robert H. Cleland

Magistrate Judge R. Steven Whalen

BHAMINI SUDHIR, ET AL.,

Defendants.

 /

ORDER

Plaintiff Timothy Boulding, a pro se prison inmate in this civil rights action, has

filed a motion to compel discovery [Doc. #35], in large part seeking his medical records

from the Michigan Department of Corrections (“MDOC”), including x-rays. Plaintiff

complains that the Defendants associated with Corizon Health, Inc., who have obtained

some of the medical records, want him to pay ten cents per page for copies.1

Plaintiff has been granted leave to proceed in forma pauperis (“IFP”), and

prepayment of the initial filing fee was waived [Doc. #3]. Although IFP status entitles

Plaintiff to waiver of certain court costs, numerous cases hold that 28 U.S.C. § 1915 does

not provide for payment of discovery costs, and a prisoner-plaintiff must fund his or her

own litigation expenses. In Smith v. Yarrow, 78 Fed.Appx. 529, 544, 2003 WL 22400730,

*13 (6 Cir. 2003), the Sixth Circuit stated: th

“A prisoner plaintiff proceeding in forma pauperis may seek a waiver of

certain pretrial filing fees, but there is no constitutional or statutory

 Defendants state in response [Doc. #36] that they have a portion (approximately 1

2,000 pages) of Plaintiff’s MDOC medical records, and have provided him with 60 pages

“from dates specifically identified by Plaintiff in his requests” at no charge.

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requirement that the government or Defendant pay for an indigent prisoner's

discovery efforts. See Johnson v. Hubbard, 698 F.2d 286, 289 (6th

Cir.1983) (holding that there is no constitutional or statutory requirement to

waive an indigent prisoner plaintiff's costs of discovery).”

See also Hughes v. Friedman, 2013 WL 93177, *1 (D.Ariz. 2013)(even though Plaintiff

was granted in forma pauperis status pursuant to 28 U.S.C.1915(d), he is responsible for

paying all fees and costs associated with subpoenas, including the costs of his own

medical records”); Kershner v. Mazurkiewicz, 670 F.2d 440, 445 (3rd Cir.1982) (holding

that even indigent prisoners are expected to pay for the incidental costs of their litigation).

So, Plaintiff may either obtain copies of his records from Corizon at ten cents per

page, or pay the MDOC for copies of his records, with payment being deducted

periodically from his prisoner account. See MDOC Policy Directive 03.04.108, ¶ S. In

addition, Plaintiff has the right under federal law to inspect his MDOC medical records. 

See 45 C.F.R. § 164.524. Should he choose to inspect his medical file, he may be able to

narrow the number of records that he needs to copy.

For these reasons, Plaintiff’s motion to compel discovery [Doc. #35] is DENIED.

IT IS SO ORDERED.

s/R. Steven Whalen 

R. STEVEN WHALEN

UNITED STATES MAGISTRATE JUDGE

Date: April 18, 2016

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing document was sent to parties of record on

April 18, 2016, electronically and/or by U.S. mail.

s/Carolyn M. Ciesla 

Case Manager to the 

Honorable R. Steven Whalen

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