Opinion
5:23-cv-199-MTT-CHW
01-30-2024
JOHNATHAN A. WHEELER, Plaintiff, v. Warden JOSEPH POLITE, et al., Defendants.
Proceedings Under 42 U.S.C. § 1983 Before the U.S. Magistrate Judge
ORDER
CHARLES H. WEIGLE UNITED STATES MAGISTRATE JUDGE
Pending before the Court is a motion requesting assistance, in which Plaintiff describes the toll that prosecuting multiple cases is taking on him and asks that the Court order Plaintiff to take a polygraph or lie detector test so that his pending cases may be resolved. (Doc. 27). The Court has no authority to order and administer such an examination. In addition, “[o]pinions based on polygraph examinations are seldom, if ever, admissible into evidence.” Norelus v. Denny's Inc., 628 F.3d 1270, 1284 (11th Cir. 2010). See also, United States v. Henderson, 409 F.3d 1293 (11th Cir. 2005)(affirming exclusion of polygraph evidence under Fed.R.Evid. 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)). Plaintiff's motion for assistance (Doc. 27) is DENIED.
Also pending before the Court are Wheeler v. Polite, 5:22-cv-404-MTT-CHW, in which a recommendation to grant some of the Defendants motion to dismiss is currently pending, and Wheeler v. Polite, 5:23-cv-164-TES-CHW, in which one of Plaintiff's claims has been permitted to proceed for factual development while his amended complaint is pending screening pursuant to 28 U.S.C. § 1915A(a).
SO ORDERED