Farnsworth et al v. Johnson

Filing 68

ORDER DENYING PLAINTIFF'S 59 Motion for Defendant to Undergo Mental Health Examination; DENYING PLAINTIFF'S 64 Motion for Deposition Transcripts; and DENYING PLAINTIFF'S 65 Motion for Deposition Transcripts - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BRANDON FARNSWORTH, et al.,
Case No. 17-10966
District Judge Robert H. Cleland
Magistrate Judge R. Steven Whalen

Plaintiffs,
v.
CAREY JOHNSON,
Defendant.
___________________________________/

ORDER DENYING PLAINTIFF FARNSWORTH’S MOTIONS FOR
DEFENDANT TO UNDERGO A MENTAL HEALTH EXAMINATION [ECF No.
59] AND FOR DEPOSITION TRANSCRIPTS [ECF Nos. 64-65]
Plaintiff Brandon Farnsworth (“Plaintiff”) is an inmate currently housed at the
Macomb Correctional Facility, a Michigan Department of Corrections (“MDOC”) institution,
filed suit in this Court on March 27, 2017 alleging violations of his Eighth Amendment rights
under 42 U.S.C. § 1983.
Plaintiff asks the Court to compel a mental health examination of Defendant Carey
Johnson. ECF No. 59. In support of the motion, Plaintiff states that Defendant Johnson has
been employed by the MDOC for 25 years and “has seen offenders commit crimes that would
mess with one’s mental health.” ECF No. 59 , PageID.285. He requests the examination “to
see if [Johnson] is able to defend herself at trial.” Id.
Plaintiff’s motion to compel a mental examination of Defendant Johnson will be
denied. Under Fed. R. Civ. P. 35, the Court may order a party “whose mental or physical
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condition . . . is in controversy” to submit to a physical or mental examination. Rule
35(a)(1). However, Plaintiff has not made a showing of “good cause” for the examination
as required by Rule 35(a)(2)(A). Defendant Johnson notes that in addition to the lack of
good cause for the examination, “Plaintiff’s motion seems to be just an effort to harass
[her].” ECF No. 60, PageID.290. The Complaint, alleging harassment by Defendant
Johnson, does not include claims that the Eighth Amendment violations were attributable in
any part to her psychological condition. Nor has Defendant Johnson put her psychological
condition at issue in defending against Plaintiff’s claims.
Plaintiff Farnsworth’s two motions for deposition transcripts [ECF Nos. 64-65],
seeking copies of deposition transcripts at no cost will be denied. Even when a plaintiff is
granted leave to proceed in forma pauperis under 28 U.S.C. § 1915(a), the Court has no
authority to finance or order the payment of litigation expenses.

“A prisoner plaintiff

proceeding in forma pauperis may seek a waiver of certain pretrial filing fees, but there is
no constitutional or statutory requirement that the government or Defendant pay for an
indigent prisoner's discovery efforts.” Smith v Yarrow, 78 Fed Appx 529, 544 (6th Cir.
October 20, 2003); see also Coates v. Kafczynski, 2006 WL 416244, *2-3 (W.D. Mich.
2006); Edkins v. United States, No. 15-10615, 2015 WL 13036673, *1 (E.D. Mich. 2015).
Accordingly, Plaintiff Farnsworth’s motion for Defendant to undergo a mental
health examination [ECF No. 59] is DENIED. Likewise, his motions for deposition
transcripts [ECF Nos. 64 and 65] are DENIED.

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IT IS SO ORDERED.
s/R. Steven Whalen
R. STEVEN WHALEN
United States Magistrate Judge
Dated: June 8, 2020

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of
record on June 8, 2020 electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager

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