McIntosh v. Lappin

Full title: RICHARD S. McINTOSH, Plaintiff, v. HARLEY G. LAPPIN, Individually, and In…

Court: United States District Court, D. Colorado

Date published: Sep 7, 2011

Civil Action No. 11-cv-01150-PAB-CBS (D. Colo. Sep. 7, 2011)

Opinion

Civil Action No. 11-cv-01150-PAB-CBS.

September 7, 2011

ORDER

CRAIG SHAFFER, Magistrate Judge

This civil action comes before the court on Plaintiff Mr. McIntosh's "Motion to Assign Investigator" (filed September 6, 2011) (Doc. # 49). Pursuant to the Order of Reference dated July 7, 2011 (Doc. # 12) and the memorandum dated September 6, 2011 (Doc. # 51), this matter was referred to the Magistrate Judge. The court has reviewed the Motion, the entire case file, and the applicable law and is sufficiently advised in the premises.

By an Order entered June 15, 2011 (Doc. # 9), Mr. McIntosh was granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. To date, Mr. McIntosh has not complied with the court order's allowing him to proceed in forma pauperis and directing him to make monthly filing fee payments. Mr. McIntosh now asks the court to "assign" investigator Mark D. Reeder to "locate the Defendants in their individual capacities and notify them" of the September 29, 2011 Preliminary Scheduling Conference and to "locate currently incarcerated prisoners and prisoners that have been released to interview and depose as witnesses for trial."

First, it is not necessary for Mr. McIntosh to obtain an investigator to "locate the Defendants in their individual capacities," as the court will explain to Mr. McIntosh at the September 29, 2011 Preliminary Scheduling Conference. Second, it is premature at this stage of the litigation for Mr. McIntosh to obtain an investigator to "locate currently incarcerated prisoners and prisoners that have been released to interview and depose as witnesses for trial," as the court will explain to Mr. McIntosh at the September 29, 2011 Preliminary Scheduling Conference. Third, the court finds no authority to appoint and pay an investigator to assist an indigent litigant in the preparation of a civil suit for damages, as the court will explain to Mr. McIntosh at the September 29, 2011 Preliminary Scheduling Conference.

Accordingly, IT IS ORDERED that Mr. McIntosh's "Motion to Assign Investigator" (filed September 6, 2011) (Doc. # 49) is DENIED.