Mendoza v. C.D.C.R., et al.

Filing 40

ORDER signed by Magistrate Judge Allison Claire on 1/15/2015 DENYING plaintiff's 38 request for a court appointed expert witness. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL MENDOZA, 12 Plaintiff, 13 14 No. 2:13-cv-2366 AC P v. ORDER NEAL P. SWANN, D.D.S., 15 Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 17 18 action pursuant to 42 U.S.C. § 1983. On January 1, 2015, plaintiff filed a request for a court-appointed expert witness. The 19 20 expenditure of public funds on behalf of an indigent litigant is proper only when authorized by 21 Congress. Tedder v. Odel, 890 F.2d 210 (9th Cir. 1989) (per curiam). Notwithstanding 22 plaintiff’s in forma pauperis status, Congress has not authorized the expenditure of public funds 23 for expert witnesses. See 28 U.S.C. § 1915. 24 //// 25 //// 26 //// 27 //// 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for a court appointed 2 expert witness (ECF No. 38) is DENIED. 3 DATED: January 15, 2015 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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