Dakota J. Romero v. Jason Hodge, et al.

Dakota J. Romero v. Jason Hodge, et al. · United States District Court for the District of Nevada · December 11, 2025 · No. 3:23-cv-00623-ART-CSD

Summary

The United States District Court for the District of Nevada denied Dakota J. Romero’s motions for funds to hire a private investigator and to appoint several expert witnesses. The court held that 28 U.S.C. § 1915 does not authorize funding for a private investigator or appointment of experts for an indigent litigant. It also concluded that appointment of an expert under Federal Rule of Evidence 706 was unnecessary at this stage of the litigation.

Holdings

  1. The in forma pauperis statute does not authorize the expenditure of funds for an indigent plaintiff to hire a private investigator.
  2. The in forma pauperis statute does not provide for appointment of expert witnesses to aid prisoners or other litigants.
  3. The court may appoint a neutral expert under Rule 706, but Plaintiff's requests for appointment of experts were properly denied because no expert was necessary to assist the trier of fact at this stage.

Questions Presented

  1. Whether 28 U.S.C. § 1915 authorizes the court to provide an indigent prisoner funds to hire a private investigator.
  2. Whether 28 U.S.C. § 1915 provides for appointment of expert witnesses to assist an indigent prisoner.
  3. Whether the court should appoint expert witnesses under Federal Rule of Evidence 706(a) in this case.

Disposition

other

Cases Cited (12)

  • Tedder v. Odel, 890 F.2d 210, 211-12 (9th Cir. 1989)(followed)
  • Santos v. Baca, No. 2:11-cv-01251-KJD-NJK, 2014 WL 12910916, at *2 (D. Nev. Aug. 19, 2014)(followed)
  • Covarrbias v. Gower, 2014 WL 342548, at *1 (N.D. Cal. Jan. 29, 2014)(followed)
  • Cepero v. Las Vegas Metro. Police Dep't, No. 2:11-cv-01421-JAD-NJK, 2019 WL 2616179, at *1 (D. Nev. June 26, 2019)(followed)
  • McKinney v. Anderson, 924 F.2d 1500, 1511 (9th Cir. 1991)(followed)
  • Helling v. McKinney, 502 U.S. 902 (1992)(history noted)
  • McKinney v. Anderson, 959 F.2d 853 (9th Cir. 1992)(history noted)
  • Helling v. McKinney, 509 U.S. 25 (1993)(history noted)
  • Pedraza v. Jones, 71 F.3d 194, 196 (5th Cir. 1995)(followed)
  • Boring v. Kazakiewicz, 833 F.2d 468, 474 (3d Cir. 1987)(followed)

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