Florence v. Galveston Police Officer Clemente Garcia III et al

Filing 201

ORDER denying 195 Motion to Court to Obtain Crash and Impact Specialist.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
THOMAS FLORENCE, #1729344
VS.
OFFICER CLEMENTE GARCIA III
and SGT. CHAPMAN

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CIVIL ACTION NO. G-11-134

ORDER
On June 27, 2014, Plaintiff, Thomas Florence, filed a “Motion to Court to Obtain
Crash and Impact Specialist” requesting the Court to provide him with the funds to hire an
expert to evaluate the DVD produced by Defendants which allegedly depicts, in whole or in
part, his arrest on March 27, 2010.
Florence is not proceeding in forma pauperis, he paid the filing fee in this cause and
it is his responsibility to fund its prosecution, not the Court’s. Moreover, even if Florence
were proceeding in forma pauperis under the privilege to do so accorded by 28 U.S.C.
§1915, “the plain language of §1915 does not provide for the appointment of expert witnesses
to an indigent litigant.” Hannah v. United States, 523 F.3d 597, 600 (5th Cir. 2008) (quoting
Pedrazza v. Jones, 71 F.3d 194, 196 (5th Cir. 1995))
It is, therefore ORDERED that Florence’ “Motion to Court to Obtain Crash and
Impact Specialist” (Instrument no. 195) is DENIED.
DONE at Galveston, Texas, this

2nd

day of June, 2014.