Opinion
CASE NO. 3:16-cv-659 (SRU)
12-06-2016
GREGORY SWINTON, Plaintiff, v. CARSON WRIGHT, et al., Defendants.
RULING ON MOTION TO SUBPOENA WITNESSES
Gregory Swinton has filed a motion asking the Court to issue and serve subpoenas to enable him to depose three persons by oral examination.
Although Swinton was permitted to file this case in forma pauperis, that status does not entitle him to discovery costs or litigation services. See Riddick v. Chevalier, 2012 WL 3289079, at *1 (D. Conn. Aug. 9, 2012); see also, e.g., Hawks v. Diina, 2006 WL 2806557, at *4 (W.D.N.Y. Sept. 28, 2006) (holding that court may not authorize commitment of federal funds to underwrite discovery and litigation expenses of an indigent civil litigant's action); Garraway v. Morabito, 2003 WL 21051724, at *7 (N.D.N.Y. May 8, 2003) (informing pro se litigant that in forma pauperis status does not waive costs of litigation or discovery). Nor are the defendants responsible for financing Swinton's discovery costs. See Doe v. United States, 112 F.R.D. 183, 185 (S.D.N.Y. 1986). Swinton is not entitled to have the court serve deposition subpoenas on his behalf.
Swinton's motion to subpoena witnesses [Doc. # 21] is DENIED. If he has sufficient funds to arrange for the depositions, he may notice and conduct the depositions in accordance with Federal Rule of Civil Procedure 30.
SO ORDERED this 6th day of December 2016 at Bridgeport, Connecticut.
/s/STEFAN R. UNDERHILL
Stefan R. Underhill
United States District Judge