Opinion
Civil Action No. 05-cv-02068-MSK-BNB.
May 24, 2007
ORDER
This matter is before me on the Plaintiff's Motion for Order for Examination per Rule 35(a) of the Federal Rules of Civil Procedure [Doc. # 147, filed 5/15/07] (the "Motion"). The plaintiff requests that the Court "designate an examiner to evaluate" his medical conditions as a means of helping him prove his claims in this case.
The plaintiff asserts that he cannot afford the cost of an examination. His Motion does not specifically request that the Court pay for the costs of the requested examination, however. To the extent the plaintiff is asking the Court to pay the costs of the requested examination, he provides no basis for that relief.
I am aware that the plaintiff is proceeding in forma pauperis under 28 U.S.C. § 1915. That statute authorizes federal courts to direct the United States to pay expenses for certain records and transcripts, 28 U.S.C. § 1915(c), but it does not authorize federal courts to order payment for medical examinations, or any other expense not specified in the statute.Hooper v. Tulsa County Sheriff Dept., 113 F.3d 1246, 1994 WL 295424 *2 (10th Cir. June 4, 1007). In addition, although the plaintiff brings this Motion under Rule 35(a), Fed.R.Civ.P., that Rule does not address allocation of the costs incurred for physical examinations.
IT IS ORDERED that the Motion is DENIED.