From Casetext: Smarter Legal Research

Caviness v. Dial

United States District Court, E.D. California
May 9, 2008
No. CIV S-07-1804 JAM KJM P (E.D. Cal. May. 9, 2008)

Opinion

No. CIV S-07-1804 JAM KJM P.

May 9, 2008


ORDER


Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has been granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

Plaintiff has filed a request for a court-appointed investigator to assist in locating the witnesses the Marshal has been unable to serve. The expenditure of public funds on behalf of an indigent litigant is proper only when authorized by Congress. Tedder v. Odel, 890 F.2d 210 (9th Cir. 1989). The in forma pauperis statute does not authorize the expenditure of public funds for investigators. See 28 U.S.C. § 1915. Plaintiff may seek information through discovery or the California Public Records Act, Calif. Gov't. Code § 6250, et seq., in order to secure the necessary information.

Accordingly, IT IS HEREBY ORDERED that plaintiff's request for the appointment of an investigator (docket no. 17) is denied.


Summaries of

Caviness v. Dial

United States District Court, E.D. California
May 9, 2008
No. CIV S-07-1804 JAM KJM P (E.D. Cal. May. 9, 2008)
Case details for

Caviness v. Dial

Case Details

Full title:DONALD L. CAVINESS, Plaintiff, v. DR. DIAL, et al., Defendants

Court:United States District Court, E.D. California

Date published: May 9, 2008

Citations

No. CIV S-07-1804 JAM KJM P (E.D. Cal. May. 9, 2008)