Warner v. Cate et al
Filing
187
ORDER Denying Plaintiff's 139 Request for the Appointment of an Expert Witness signed by Magistrate Judge Michael J. Seng on 06/22/2017. (Flores, E)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
EARL WARNER,
12
13
14
15
Plaintiff,
v.
M. CATE, et al.
CASE NO. 1:12-CV-1146 -MJS (PC)
ORDER DENYING PLAINTIFF’S
REQUEST FOR THE APPOINTMENT OF
AN EXPERT WITNESS
(ECF No. 139)
Defendants.
16
17
18
19
Plaintiff is a prisoner proceeding with counsel and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983.
20
On December 5, 2016, a time in which Plaintiff was proceeding pro se, Plaintiff
21
filed a motion for the Court to appoint an expert witness to testify on Plaintiff’s behalf at
22
trial. (ECF No. 139.)
23
24
There exists no authority for the appointment of an expert for the benefit of one
party over the other.
25
Under Federal Rule of Evidence 706, the Court retains the right to appoint an
26
expert witness when doing so would provide a benefit to the Court, i.e. in understanding
27
28
1
a particularly complex or technical issue. The Court is not in need of an independent,
2
Court appointed expert in this case.
3
Accordingly, Plaintiff’s motion for appointment of an expert witness is DENIED.
4
5
6
IT IS SO ORDERED.
Dated:
June 22, 2017
/s/
7
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?