McCarty v. Roos et al

Filing 267

ORDER Denying 255 Plaintiff's Motion/Application for Prepayment of Fees. Signed by Magistrate Judge Nancy J. Koppe on 06/10/2014. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROBERT JOSEPH MCCARTY,

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Plaintiff(s),
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vs.
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JOHN V. ROOS, et al.,
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Defendant(s).
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__________________________________________)

Case No. 2:11-cv-1538-JCM-NJK
ORDER DENYING MOTION FOR
PREPAYMENT OF FEES
(Docket No. 255)

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Pending before the Court is Plaintiff’s motion for prepayment of various fees. Docket No. 255.

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Defendants filed a response in opposition and Plaintiff filed a reply. Docket Nos. 258, 262. Plaintiff’s

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motion seeks prepayment of fees associated with, inter alia, hiring an investigator, witness fees for a

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forensic psychiatrist, and taking depositions. See, e.g., Docket No. 255 at 2. Absent express congressional

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authorization, the Court cannot spend public funds on behalf of an indigent litigant. See United States v.

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MacCollom, 426 U.S. 317, 321 (1976). Plaintiff cites primarily to 28 U.S.C. § 1915 in support of this

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request, but that statute does not authorize the prepayment of such fees. See, e.g., Tedder v. Odel, 890 F.2d

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210, 211-12 (9th Cir. 1989) (holding that section 1915 does not permit the wavier of witness fees).1 In

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short, Plaintiff has failed to present authority showing that the Court is authorized to grant the relief he

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seeks in his pending motion.

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Plaintiff also cites Federal Rule of Evidence 706, but that rule applies only to neutral experts
and not experts to advocate on a party’s behalf. See Antonetti v. Skolnik, 2013 WL 593407, *5 (D. Nev.
Feb. 13, 2013) (denying request for appointment of an expert).

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In light of the above, the motion for prepayment of fees is hereby DENIED.

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IT IS SO ORDERED.

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DATED: June 10, 2014

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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