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Darren Harris v. Medical Examiner Kim

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 28, 2012

DARREN HARRIS,
PLAINTIFF,
v.
MEDICAL EXAMINER KIM , ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DENYING RULE 35 MOTION FOR APPOINTMENT OF INDEPENDENT Doc. 99)

Plaintiff Darren Harris, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 3, 2005. On September 7, 2012, Plaintiff filed a motion seeking the appointment of a medical examiner pursuant to Federal Rule of Civil Procedure 35.

Rule 35 provides that a court "may order a party whose mental or physical condition . . . is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner." However, Rule 35 does not contemplate authorizing Plaintiff to seek his own physical examination at government expense. See Tedder v. Odel, 890 F.2d 210, 211-12 (9th Cir. 1989) ("[T]he expenditure of public funds [on behalf of an indigent litigant] is proper only when authorized by Congress. . . .") (citation and internal quotation marks omitted). Therefore, Plaintiff's motion is DENIED.

IT IS SO ORDERED.

20121128

© 1992-2012 VersusLaw Inc.



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