Ingrassia v. Schafer et al
Filing
75
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs motion for appointment of a medical expert witness is DENIED. (Doc. No. 72.) Signed by District Judge Audrey G. Fleissig on 6/3/2013. (KSH)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
THOMAS J. INGRASSIA,
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Plaintiff,
vs.
KEITH SCHAFER, et al.,
Defendants.
Case No. 4:11CV02062 AGF
MEMORANDUM AND ORDER
This matter is before the Court on pro se Plaintiff’s motion for the appointment of
an expert medical witness. Plaintiff is proceeding in forma pauperis in this action for
damages resulting from injuries allegedly caused by Defendants while he was
incarcerated. Citing Federal Rule of Evidence 706, and stating that he does not have the
financial means to pay for an expert witness, Plaintiff asks the Court to appoint a medical
expert to testify on his behalf.
Rule 706 provides for the appointment of an expert witness with the costs of such
appointment shared by the parties at the Court’s discretion. Fed. R. Evid. 706(c)(2).
Courts in this circuit addressing the payment of expert fees by the judiciary have
uniformly held that the Court is not authorized to pay such fees. See, e.g., Vogel v.
Turner, No. 11-0446 (PJS/JJG), 2013 WL 358874, at *10 (D. Minn. Jan. 8, 2013); Reyna
v. Weber, No. 11-4044, 2012 WL 2999768, at *2 (D.S.D. June 29, 2012); Holloway v.
Lott, No. 4:08-cv-00821-GTE, 2009 WL 2778665, at *1 (E.D. Ark. Aug. 28, 2009). The
plain language of 28 U.S.C. § 1915, which provides the framework for litigants
proceeding in forma pauperis, does not provide for court authorization and payment of
expert witnesses.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s motion for appointment of a medical
expert witness is DENIED. (Doc. No. 72.)
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 3rd day of June, 2013.
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