McElroy v. Cox et al

Filing 126

ORDER DENYING 125 Plaintiff's Request for Appointment of Private Investigator and Court Runner signed by Magistrate Judge Gary S. Austin on 4/24/2012. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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LATWAHN McELROY,

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Plaintiff,

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vs.

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1:08-cv-01221-LJO-GSA-PC
ORDER DENYING REQUEST FOR
APPOINTMENT OF PRIVATE
INVESTIGATOR AND COURT
RUNNER

ROY COX, et al.,

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Defendants.

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________________________________/

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(Doc. 125.)

On April 23, 2012, Plaintiff filed a request for appointment of a private investigator and
court runner, to assist him in litigating this action. (Doc. 125.)
The expenditure of public funds on behalf of an indigent litigant is proper only when

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authorized by Congress. See Tedder v. Odel, 890 F.2d 210 (9th Cir. 1989) (citations omitted).

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The in forma pauperis statute does not authorize the expenditure of public funds for the purpose

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sought by Plaintiff in the instant request.

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Accordingly, Plaintiff’s request for the appointment of a private investigator and court
runner is HEREBY DENIED.

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IT IS SO ORDERED.
Dated:
6i0kij

April 24, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE