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