JENKINS v. BERRIER et al

Filing 33

MEMORANDUM ORDER denying 30 Motion for Appointment of Medical Personnel Assistance for the reasons set forth more fully in the Memorandum Order itself. Signed by Magistrate Judge Maureen P. Kelly on 12/4/15. [A copy of this Memorandum Order was mailed to Plaintiff on this date at his address of record]. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JAMILL JENKINS,
Plaintiff,
vs.
Nurse SUSAN BERRIER;
SUPERINTENDENT BRIAN V.
COLEMAN,
Defendants.

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Civil Action No. 15-277
Chief Magistrate Judge Maureen P. Kelly
Re: ECF No. 30

MEMORANDUM ORDER
Presently before the Court is Plaintiff’s Motion for Medical Personnel Assistance for
Medical Terms and References, ECF No. 30, in which Plaintiff indicates that, because he has
brought this legal action against medical personnel, he needs the Court to appoint “a trained
medical practitioner to clarify and interpret medical terms, graphs, numbers and medical
abbreviations.” Id.
The Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915, which governs
Proceedings in forma pauperis such as this, however, does not provide for the appointment of
medical personnel or any other individual to assist a plaintiff who is proceeding in forma
pauperis in the prosecution of his or her case. As succinctly stated by the District Court for the
Middle District of Pennsylvania:
28 U.S.C. § 1915[ ] contains no provision authorizing the Court to order
private litigants to receive the assistance of investigators or medical expert
witnesses at no cost . . . . [A] review of case law construing § 1915 reveals
that numerous courts have recognized the limitations of federal courts to
relieve indigent litigants from the costs of litigating civil claims, and have
repeatedly rebuffed efforts by pro se litigants to shift those costs to the
public. See, e.g ., Brooks v. Quinn, 257 F.R.D. 515, 417 (D. Del.2009)
(“Although plaintiff is proceeding in forma pauperis, the court has no
authority to finance or pay for a party's discovery expenses.... It is plaintiff's
responsibility to pay for the costs associated with the taking of a
deposition.”); Augustin v. New Century TRS Holding, Inc., No. 08–326,

2008 U.S. Dist. LEXIS 96236, at *7–9 (W.D. Pa. Nov. 25, 2008) (denying
plaintiff's IFP application to cover costs for discovery requests); Badman v.
Stark, 139 F.R.D. 601, 605 (M.D. Pa.1991) (28 U.S.C. § 1915 does not
require the government to advance funds for deposition expenses); Toliver
v. Community Action Comm'n to Help the Econ., 613 F. Supp. 1070, 1072
(S.D.N.Y. 1985) (no clear statutory authority for the repayment of
discovery costs for IFP plaintiff); Sturdevant v. Deer, 69 F.R.D. 17, 19
(E.D. Wis.1975) (concluding that 28 U.S.C. § 1915 “does not extend to the
cost of taking and transcribing a deposition”); Ebenhart v. Power, 309 F.
Supp. 660, 661 (S.D.N.Y.1969) (“Grave doubts exist as to whether [28
U.S.C. § 1915] authorizes this court to order the appropriation of
Government funds in civil suits to aid private litigants in conducting pretrial discovery”); see also Tabron v. Grace, 6 F.3d 147, 159 (3d Cir. 1993)
(“There is no provision in [28 U.S.C. § 1915] for the payment by the
government of the costs of deposition transcripts, or any other litigation
expenses, and no other statute authorizes courts to commit federal monies
for payment of the necessary expenses in a civil suit brought by an indigent
litigant”).
Victor v. Fowler, 2011 WL 722387, at *1 (M.D. Pa. Feb. 18, 2011). Accordingly, IT IS
HEREBY ORDERED that Plaintiff=s Motion for Medical Personnel Assistance for Medical
Terms and References, ECF No. 30, is DENIED.
In accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rule 72.C.2 of
the Local Rules of Court, the parties are allowed fourteen (14) days from the date of this Order to
file an appeal to a District Judge which includes the basis for any objection to this Order. Any
appeal is to be submitted to the Clerk of Court, United States District Court, 700 Grant Street,
Room 3110, Pittsburgh, PA 15219. Failure to file a timely appeal will constitute a waiver of any
appellate rights.
BY THE COURT,

/s/ Maureen P. Kelly
MAUREEN P. KELLY
CHIEF UNITED STATES MAGISTRATE JUDGE

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Dated: December 4, 2015

cc:

Jamill Jenkins
KA9362
SCI Fayette
Box 9999
LaBelle, PA 15450-0999
All counsel of record via CM/ECF

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