WHEELER v. POLITE

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION JOHNATHAN A. WHEELER, : : Plaintiff, : : v. : Case No. 5:23-cv-199-MTT-CHW : Warden JOSEPH POLITE, et al., : Proceedings Under 42 U.S.C. § 1983 : Before the U.S. Magistrate Judge Defendants. : ____________________________________: ORDER Pending before the Court is a motion requesting assistance, in which Plaintiff describes the toll that prosecuting multiple cases1 is taking on him and asks that the Court order Plaintiff to take a polygraph or lie detector test so that his pending cases may be resolved. (Doc. 27). The Court has no authority to order and administer such an examination. In addition, “[o]pinions based on polygraph examinations are seldom, if ever, admissible into evidence.” Norelus v. Denny’s Inc., 628 F.3d 1270, 1284 (11th Cir. 2010). See also, United States v. Henderson, 409 F.3d 1293 (11th Cir. 2005)(affirming exclusion of polygraph evidence under Fed.R.Evid. 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)). Plaintiff’s motion for assistance (Doc.

27) is DENIED.

SO ORDERED, this 30th day of January 2024. s/ Charles H. Weigle Charles H. Weigle United States Magistrate Judge

1 Also pending before the Court are Wheeler v. Polite, 5:22-cv-404-MTT-CHW, in which a recommendation to grant some of the Defendants motion to dismiss is currently pending, and Wheeler v. Polite, 5:23-cv-164-TES-CHW, in which one of Plaintiff’s claims has been permitted to proceed for factual development while his amended complaint is pending screening pursuant to 28 U.S.C. § 1915A(a).