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Kane v. Pierce

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 16, 2009

SHAUN KANE, PLAINTIFF,
v.
RICHARD PIERCE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DENYING MOTION FOR APPOINTMENT OF INVESTIGATOR

(Doc. 103)

Plaintiff Shaun Kane is a federal prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.*fn1 On October 13, 2009, Plaintiff filed a motion seeking the appointment of an investigator to locate and serve Defendant Pierce.

"'[T]he expenditure of public funds [on behalf of an indigent litigant] is proper only when authorized by Congress....'" Tedder v. Odel, 890 F.2d 210, 211-12 (9th Cir. 1989) (quoting United States v. MacCollum, 426 U.S. 317, 321, 96 S.Ct. 2086 (1976)). The in forma pauperis statute does not authorize the expenditure of public funds for the appointment of an investigator.

28 U.S.C. § 1915. Therefore, Plaintiff's motion is DENIED.

IT IS SO ORDERED.


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