Biter

(PC) Asberry v. Biter

Good Law
United States District Court, Eastern District of CaliforniaMarch 15, 20221:16-cv-01741California1,889 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TONY ASBERRY, Case No. 1:16-CV-01741-JLT-HBK Plaintiff, ORDER DENYING PLAINTIFF’S REQUEST

FOR AN IMPARTIAL EXPERT

v. (Doc. No. 229) C. RELEVANTE, LOZOVOY, FERRIS,

GODFREY,

15 Defendants. 16 17 Pending before the Court is Plaintiff’s motion requesting the Court to appoint an impartial medical expert filed December 27, 2021. (Doc. No. 229). For the reasons discussed below, Plaintiff’s motion is DENIED. I. FACTUAL BACKGROUND Plaintiff is a state prisoner proceeding pro se on his civil rights complaint alleging an Eighth Amendment medical indifference claim against Defendants Relevante and Lozovoy and an Eighth Amendment conditions of confinement claim and a First Amendment retaliation claim against Defendants Ferris and Godfrey. (Doc. Nos. 1, 17). The gravamen of the complaint stems from Plaintiff’s need for and use of a wheelchair.1 27 1 Plaintiff’s First Amendment retaliation claim involving Defendants Ferris and…

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