ARNOLD v. PRISON HEALTH SERVICES et al

Filing 76

ORDER denying pltf's motion for appointment of expert witness 70 . (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/13/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RODNEY NEAL ARNOLD,

:
:
Plaintiff
:
:
v.
:
:
PRISON HEALTH SERIVES, et al.,, :
:
Defendants
:

CIVIL NO. 1:14-CV-0345
(Chief Judge Conner)

ORDER
AND NOW, this 13th day of February, 2015, upon consideration of plaintiff’s
motion (Doc. 70) for appointment of an expert witness, in which, based upon his in
forma pauperis status, he “requests this Honorable Court to authorize the
expenditure of funds not to exceed a sum certain… to enable [him] to obtain the
services of a medical expert doctors [sic] opinion” to aid him in preparation of his
case,1 and it being well-settled that pro se inmate plaintiffs who are proceeding in
forma pauperis have no entitlement to court-appointed medical expert witnesses as
there is no statutory authority for payment of expert witness fees in civil suits for

1

In his supporting affidavit, plaintiff’ indicates that he has been subjected to
“medical negligence and cruel and unusual punishment.” (Doc. 71, ¶ 4). In the
governing amended complaint (Doc. 30), however, plaintiff only alleges that “[t]his
is an action under 42 U.S.C. 1983, seeking damages and other relief arising out of
the violation of plaintiffs [sic] constitutional rights during a course of confinement
within the Pennsylvania Prison System.” (Doc. 30, p. 1).

damages, Boring v. Kozakiewicz, 833 F.2d 468, 474 (3d Cir. 1987), it is hereby
ORDERED that the motion (Doc. 70) is DENIED.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

2