Lotersztain

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL WITKIN, No. 2:19-cv-0406 TLN KJN P Plaintiff, v. ORDER MARIANA LOTERSZTAIN, M.D., et al., Defendants. 16 Plaintiff is a former state prisoner, proceeding pro se. This case proceeds on plaintiff’s complaint alleging violations of his Eighth and First Amendment rights, and includes state law claims. (ECF Nos. 1, 8.) On July 12, 2022, plaintiff filed a motion for appointment of a medical expert under Rule 706(a) of the Federal Rules of Evidence, which is now fully briefed. As set forth below, plaintiff’s motion is denied without prejudice. Background Motions for summary judgment by Dr. Lin and the remaining defendants are pending. (ECF Nos. 53, 55.) Plaintiff was granted leave to file his oppositions after his motion for expert witness was decided. (ECF No. 80.) Pleading Allegations In his original complaint, plaintiff alleges, in pertinent part, the following. On December 23, 2017, while…