Garcia
(PC) Dillingham v. Garcia
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JERRY DILLINGHAM, Case No. 1:18-cv-00579-NONE-EPG (PC)
Plaintiff, ORDER DENYING PLAINTIFF’S SECOND
REQUEST FOR APPOINTMENT OF AN
v. EXPERT WITNESS
F. GARCIA, (ECF NO. 155) Defendant. 15 16 17 Jerry Dillingham (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. 19 On December 16, 2019, Plaintiff filed a motion for, among other things, appointment of 20 an expert witness. (ECF No. 89). This motion was denied. (ECF No. 112). 21 On August 2, 2021, Plaintiff filed a second motion requesting appointment of an expert 22 witness. (ECF No. 155). This motion is now before the Court. For the reasons that follow, the 23 Court will deny Plaintiff’s second motion for appointment of an expert witness.
I. LEGAL STANDARDS
25 The Court has the discretion to appoint an expert pursuant to Rule 706(a) of the Federal 26 Rules of Evidence. See Walker v.…