Huckabee v. Medical Staff at CSATF et al

Filing 35

ORDER DENYING Plaintiff's Request for Authority to Incur Costs, without Prejudice signed by Magistrate Judge Barbara A. McAuliffe on 8/31/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ANTHONY CRAIG HUCKABEE,

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CASE NO. 1:09-cv-00749-LJO-BAM PC

Plaintiff,
ORDER DENYING PLAINTIFF’S REQUEST
FOR AUTHORITY TO INCUR COSTS,
WITHOUT PREJUDICE

v.
MEDICAL STAFF at CSATF, et al.,

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Defendants.
/

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Plaintiff Anthony Craig Huckabee (“Plaintiff”) is a state prisoner represented by appointed

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counsel and proceeding in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

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On August 23, 2012, an order issued finding service of the complaint appropriate and directing the

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Clerk’s Office to forward service documents to counsel for completion and return. The Court has

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received a request for authority to incur costs. Plaintiff is requesting authorization for $7,500 in

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expert witness fees.

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In the Eastern District, non-appropriated funds may be used to reimburse attorneys appointed

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to represent indigent parties for costs, including the cost of retaining expert witnesses. See Eastern

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District Court General Order No. 501 § 4.A.3. The party requesting reimbursement for the services

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of an expert witness is required to receive prior approval. Id. When the time is appropriate, the

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Court will consider approving reasonable expert witness fees.

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In this instance, after the completed service documents are returned to the court, an order will

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issue directing the United States Marshal to initiate service on Defendants. Once Defendants have

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filed an answer, an order will issue opening discovery and setting the deadline for Defendants to file
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an unenumerated Rule 12(b) motion. Until such time as Defendants file an answer and the

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unenumerated Rule 12(b) motion deadline has passed, Plaintiff’s request for authority to incur costs

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is premature.

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Accordingly, Plaintiff’s request for authority to incur costs is HEREBY DENIED, without
prejudice.
IT IS SO ORDERED.
Dated:
10c20k

August 31, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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