Longshore v. Herzog et al

Filing 86

ORDER by Judge Benjamin H. Settle denying 72 Objections filed by plaintiff.**2 PAGE(S), PRINT ALL**(Charles Longshore, Prisoner ID: #332121)(TG)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 CHARLES S. LONGSHORE, 8 9 10 Plaintiff, CASE NO. C16-5629BHS-JRC ORDER DENYING OBJECTIONS v. ROBERT HERZOG, et al., 11 Defendants. 12 13 This matter comes before the Court on the order of the Honorable J. Richard 14 Creatura, United States Magistrate Judge (Dkt. 67), denying Plaintiff Charles 15 Longshore’s (“Longshore”) motion to appoint expert and Longshore’s objections to the 16 order (Dkt. 72). 17 On September 13, 2016, Longshore filed a motion to appoint expert witness. Dkt. 18 36. On October 24, 2016, Judge Creatura denied the motion. Dkt. 67. On October 31, 19 2016, Longshore filed objections. Dkt. 72. 20 A party may serve and file objections to a nondispositive order. The district judge 21 in the case must consider timely objections and modify or set aside any part of the order 22 that is clearly erroneous or is contrary to law. Fed. R. Civ. P. 72(a). The determination ORDER - 1 1 to appoint an expert rests solely in the court’s discretion. See Leford v. Sullivan, 105 F.3d 2 354, 358–59 (9th Cir. 1997). 3 In this case, Longshore fails to show that Judge Creatura abused his discretion, 4 made a clearly erroneous finding, or made a conclusion that is contrary to law. Instead, 5 Longshore merely disagrees with the decision. Discovery has just begun, and the Court 6 is confident that, if it appears that an expert is required at any point during discovery or 7 dispositive motions, Judge Creatura will thoroughly consider the matter. However, at 8 this time, Longshore has failed to show that denial of an expert is inappropriate. 9 Therefore, the Court DENIES his objections. 10 IT IS SO ORDERED. 11 Dated this 1st day of December, 2016. A 12 13 BENJAMIN H. SETTLE United States District Judge 14 15 16 17 18 19 20 21 22 ORDER - 2

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