Carter v. Dawson et al
Filing
127
ORDER Denying 126 Motion for Appointment of Expert Witness signed by Magistrate Judge Barbara A. McAuliffe on 11/23/2011. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LON CARTER,
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CASE NO. 1:07-cv-01325-AWI-BAM PC
Plaintiff,
O R D E R D ENYING MOTION FOR
APPOINTMENT OF EXPERT WITNESS
v.
(ECF No. 126)
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NICK DAWSON, et al.,
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Defendants.
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Plaintiff Lon Carter is a state prisoner proceeding pro se in this civil rights action pursuant
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to 42 U.S.C. § 1983. On November 21, 2011, Plaintiff filed a motion for a court-appointed expert
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witness. To the extent that Plaintiff is requesting he be granted in forma pauperis status for the
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appointment of an expert witness, the expenditure of public funds on behalf of an indigent litigant
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is proper only when authorized by Congress. See Tedder v. Odel, 890 F.2d 210 (9th Cir. 1989)
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(citations omitted). The in forma pauperis statute does not authorize the Court to waive witness fees
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or expenses paid to those witnesses. Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993); see 28 U.S.C.
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§ 1915. Accordingly, Plaintiff’s motion for the appointment of an expert witness is HEREBY
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DENIED.
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IT IS SO ORDERED.
Dated:
10c20k
November 23, 2011
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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