Mazza v. Austin et al

Filing 12

ORDER signed by Magistrate Judge Allison Claire on 4/15/14 denying 5 Motion to Appoint Expert. (Dillon, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 BRYAN MAZZA, 11 12 13 14 No. 2:14-cv-0874 AC P Plaintiff, v. ORDER L. AUSTIN, et al., Defendants. 15 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 17 U.S.C. § 1983 which was transferred to this court from the Northern District of California. See 18 ECF No. 8. On March 21, 2014, plaintiff filed a request for a court-appointed expert witness. 19 The expenditure of public funds on behalf of an indigent litigant is proper only when authorized 20 by Congress. Tedder v. Odel, 890 F.2d 210 (9th Cir. 1989). Even if plaintiff is granted in forma 21 pauperis status, Congress has not authorized the expenditure of public funds for expert witnesses. 22 See 28 U.S.C. § 1915. 23 Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for a court appointed 24 expert witness (ECF No. 5) is denied. 25 DATED: April 15, 2014 26 27 28 1

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