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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EARL WARNER,

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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.

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Plaintiff is a prisoner proceeding with counsel and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983.

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On December 5, 2016, a time in which Plaintiff was proceeding pro se, Plaintiff

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filed a motion for the Court to appoint an expert witness to testify on Plaintiff’s behalf at

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trial. (ECF No. 139.)

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There exists no authority for the appointment of an expert for the benefit of one
party over the other.

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Under Federal Rule of Evidence 706, the Court retains the right to appoint an

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expert witness when doing so would provide a benefit to the Court, i.e. in understanding

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a particularly complex or technical issue. The Court is not in need of an independent,

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Court appointed expert in this case.

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Accordingly, Plaintiff’s motion for appointment of an expert witness is DENIED.

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IT IS SO ORDERED.
Dated:

June 22, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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