Cook v. Lamont et al

Filing 44

ORDER denying 42 Motion for Court-Appointed Expert, without prejudice. Signed by Magistrate Judge Christine Noland on 1/19/2012. (JDL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
DEMOND F. COOK (#367617)

CIVIL ACTION

VERSUS
SGT. LAMONT, ET AL.

NO. 11-0358-BAJ-CN
O R D E R

This matter comes before the Court on the plaintiff’s Motion for
Court-Appointed Expert, rec.doc.no. 42, pursuant to which the plaintiff
seeks to have the Court appoint an expert, at government expense, to
examine the taser device that was allegedly used against him during an
incident which occurred on November 28, 2009, and to express an opinion
regarding the manner in which the device was used or should have been
used.
The plaintiff is not entitled to the relief requested.
v. Jones, 71 F.3d 194 (5th Cir. 1995).

See Pedraza

If the plaintiff is able to incur

the expense of retaining an expert to assist him both before and during
trial, he may do so.

However, he will otherwise be limited to the use

of his own testimony and to that of witnesses called by the defense or
subpoenaed by the Court.

Accordingly,

IT IS ORDERED that the plaintiff’s Motion for Court-Appointed
Expert, rec.doc.no. 42, be and it is hereby DENIED, without prejudice to
the plaintiff’s right to request, at such time as this matter may be
scheduled for a pretrial conference, that the Court subpoena personnel
employed

at

the

prison

to

testify

regarding

their

personal

or

institutional knowledge regarding the plaintiff’s claims.
Signed in chambers in Baton Rouge, Louisiana, January 19, 2012.

MAGISTRATE JUDGE CHRISTINE NOLAND