ISBY-ISRAEL v. LEMMON et al

Filing 81

ORDER denying Plaintiff's 75 Motion for Leave to Depose Defendants. The plaintiff has not explained why his written interrogatories were insufficient to obtain needed information or why he could not have served requests for admissions unde r Rule 36 of the Federal Rules of Civil Procedure. Accordingly, the plaintiff's motion for leave to depose defendants is denied to the extent he seeks leave to take depositions without having to incur the costs. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 9/16/2014. (AH) (Main Document 81 replaced on 9/16/2014) (AH).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
AARON ISBY-ISRAEL,
Plaintiff,
vs.
JAMES WYNN, et al.,
Defendants.

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Case No. 2:12-cv-116-JMS-MJD

ENTRY
The plaintiff’s motion for leave to depose defendants has been considered. He seeks to take
depositions for the purpose of learning additional facts and obtaining evidence relevant to the
remaining claim and to see if admissions as to facts can be obtained. He alleges that he is indigent.
Presumably he has no means to pay for the depositions.
The plaintiff has not explained why his written interrogatories were insufficient to obtain
needed information or why he could not have served requests for admissions under Rule 36 of the
Federal Rules of Civil Procedure.
The defendants have objected to the motion to the extent the plaintiff seeks to take
depositions at public expense. The Court agrees that there are no public funds with which to
subsidize the plaintiff’s discovery costs. See Wheeler v. Talbot, No. 12-cv-2281, 2014 WL 321841,
*1 (C.D.Ill. Jan. 29, 2014) (“[t]his court has no authority to finance or pay for a party’s discovery
expenses even though the party has been granted leave to proceed in forma pauperis under 28
U.S.C. §1915(a).”) (internal quotation omitted); Holland v. City of Gary, 2:10-cv-454, 2012 WL
1388345, *5 (N.D.Ind. April 16, 2012) (same); Westefer v. Snyder, Nos. 00-162, 00-708, 2009 WL
839019, *2 (S.D.Ill. Mar. 31, 2009) (“Nothing in the statute governing in forma pauperis

proceedings requires the Court to pay, or waive, the discovery costs of an in forma pauperis
litigant.”).
Accordingly, the plaintiff’s motion for leave to depose defendants [dkt. 75] is denied to
the extent he seeks leave to take depositions without having to incur the costs.
IT IS SO ORDERED.

9/16/2014
Date: __________________

Distribution:

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

All electronically registered counsel
AARON ISBY-ISRAEL, #892219, WABASH VALLEY CF, Inmate Mail/Parcels, 6908 S. Old
US Hwy 41, P.O. Box 1111, CARLISLE, IN 47838