(PC) Stewart v. De La Cruz

1 Order 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERICK LATON STEWART SR., Case No. 1:20-cv-00978-HBK (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S FIFTH

MOTION FOR POLYGRAPH

13 v. EXAMINATION 14 A. DE LA CRUZ and J. MIRAMONTES, (Doc. No. 51) 15 Defendants. 16 17 18 19 20 Pending before the Court is pro se Plaintiff’s fifth motion for a polygraph examination 21 filed December 30, 2024. (Doc. No. 51). Plaintiff states he is not seeking an examination to 22 prove he is telling the truth concerning his claim, but rather to show that one was offered and 23 administered. (Id. at 1). Defendant filed an opposition on January 21, 2025. (Doc. No. 53). 24 Plaintiff has filed four previous motions seeking a polygraph examination. (See Doc. Nos. 25 32, 34, 41, and 45). The Court has denied each motion. (See Doc. Nos. 33, 35, 42, 48). As 26 previously advised, the Court lacks jurisdiction to order state correctional officials to administer a 27 polygraph examination. See also Benyamini v. Manjuano, No.…