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Yarbough v. Haynes

United States District Court, W.D. Pennsylvania

August 13, 2014

JOSHUA J. YARBOUGH, Plaintiff,
v.
C.O. SERGEANT J. HAYNES, et al, Defendants.

OPINION AND ORDER

CYNTHIA REED EDDY, Magistrate Judge.

Plaintiff has filed a Motion for Assistance In Obtaining a Private Investigator (ECF No. 23), in which he requests the Court to appoint an investigator to assist him at no cost to the Plaintiff.

While the Court can appreciate Plaintiff's interest in obtaining such a resource to assist him, the ability to provide Plaintiff the relief he seeks is wholly a function of the statutes governing in forma pauperis proceedings in federal court. Thus, in the absence of some express statutory or legal authority, this Court cannot grant this request, which would impose the costs of Plaintiff's lawsuit upon some third party, or the public. The fact that Plaintiff has been permitted to proceed in forma pauperis under 28 U.S.C. § 1915 only permits for the waiver of prepayment filing fees, it does not provide for the payment of any other litigation expenses.

In Tabron v. Grace, 6 F.3d 147, 159 (3d Cir. 1993), the United States Court of Appeals for the Third Circuit stated that "[t]here is no provision in [28 U.S.C. § 1915] for the payment by the government of the costs of deposition transcripts, or any other litigation expenses, and no other statue authorizes courts to commit federal monies for payment of the necessary expenses in a civil suit brought by an indigent litigant." (emphasis added). See also Wallace v. Bledsoe, 2010 WL 1565571 (M.D.Pa. 2010) (finding that the Court is without legal authority to appoint a private investigator to assist pro se litigant at no cost to the plaintiff).

As such, Plaintiff's motion is DENIED.

So ORDERED.


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