Claiborne v. Blauser et al

Filing 54

ORDER signed by Magistrate Judge Edmund F. Brennan on 05/22/12 ordering plaintiff's response to defendants' answer 47 is disregarded. Plaintiff's requests for the appointment of counsel 48 , 49 are denied. Plaintiff's pretr ial statement 51 is disregarded. Plaintiff's requests for the attendance of witnesses at trial 52 , 53 are denied. Defendants' request for an extension of time to respond to plaintiff's discovery requests 50 is granted. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNIS G. CLAIBORNE,
Plaintiff,

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vs.

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No. CIV S-10-2427 LKK EFB P

BLAUSER, et al.,
ORDER

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Defendants.
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This order addresses plaintiff’s six filings following defendants’ filing of an

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answer on March 7, 2012. See Dckt. Nos. 47, 48, 49, 51, 52, 53. It also addresses defendants’

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request for an extension of time to respond to plaintiff’s discovery requests. Dckt. No. 50.

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On March 19, 2012, plaintiff filed a response to defendants’ answer. Dckt. No. 47.

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Neither the Local Rules of this court nor the Federal Rules of Civil Procedure authorize the filing

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of a response to an answer. Plaintiff’s response to defendants’ answer, therefore, is disregarded.

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On March 26, 2012, plaintiff requested that the court appoint a medical expert to explain

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plaintiff’s knee injury and to verify his physical condition. Dckt. No. 48. On March 30, 2012,

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plaintiff requested that the court appoint a law enforcement expert to explain whether defendants

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followed correct escort procedures. Dckt. No. 49. Plaintiff does not indicate why he is
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requesting experts at this stage of the proceedings – discovery, see March 14, 2012 Discovery

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and Scheduling Order, Dckt. No. 46 – but does state that experts should be appointed because he

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is indigent. Dckt. Nos. 48, 49. Although plaintiff proceeds in forma pauperis, the expenditure of

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public funds on behalf of an indigent litigant is proper only when authorized by Congress.

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Tedder v. Odel, 890 F.2d 210 (9th Cir. 1989). The in forma pauperis statute does not authorize

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the expenditure of public funds for witnesses. See 28 U.S.C. § 1915; see also Gorton v. Todd,

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793 F. Supp. 2d 1171, 1184 n.11 (E.D. Cal. 2011). Therefore, plaintiff’s requests for the

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appointment of experts are denied.

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On April 23, 2012, plaintiff filed a ten page pretrial statement, accompanied by over 250

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pages of exhibits. Dckt. No. 51. Plaintiff is hereby informed that the court is not a repository for

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his evidence and he shall not file documentary evidence in support of his claims unless it is

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necessary for the resolution of a motion. Moreover, this case is only in the discovery stage.

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Whether this case even proceeds to trial depends on the resolution of any dispositive motions.

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Should this case proceed to trial, the court will direct the parties to file pretrial statements. Until

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then, plaintiff’s pretrial statement is premature and will be disregarded.

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On April 23, 2012, plaintiff filed requests for orders directing his anticipated witnesses to

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appear for trial. Dckt. Nos. 52, 53. These requests are also premature. Should this case proceed

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to trial, the court will direct plaintiff to request the attendance of witnesses at trial.

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On April 23, 2012, defendants requested an extension of time to respond to plaintiff’s

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discovery requests. Plaintiff did not oppose that request. Good cause appearing, defendants are

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granted, nunc pro tunc, a ten-day extension to submit their responses to plaintiff’s first set of

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requests for production of documents, requests for admission, and interrogatories. Defendants’

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responses were therefore due on or before May 3, 2012.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s response to defendants’ answer, Dckt. No. 47, is disregarded.

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2. Plaintiff’s requests for the appointment of an expert, Dckt. Nos. 48, 49, are denied.

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3. Plaintiff’s pretrial statement, Dckt. No. 51, is disregarded.

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4. Plaintiff’s requests for the attendance of witnesses at trial, Dckt. Nos. 52, 53, are

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denied.
5. Defendants’ request for an extension of time to respond to plaintiff’s discovery

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requests, Dckt. No. 50, is granted.

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DATED: May 22, 2012.

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