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McLemore v. California Dep't of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 16, 2009

DARRYL LEON MCLEMORE, PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DENYING MOTION FOR APPOINTMENT OF INVESTIGATOR (Doc. 11)

Plaintiff Darryl Leon McLemore, a former state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on March 20, 2009. On April 29, 2009, Plaintiff filed a motion seeking the appointment of an investigator.

"'[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.

20091016

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