CDCR

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL LENIOR SMITH, No. 2:18-cv-2942 KJM AC P 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

15 REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 20 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 Plaintiff has filed objections to the October 5, 2022 order denying his motion for 22 appointment of an expert witness. ECF No. 69. Federal Rule of Civil Procedure 72(a) permits a 23 party to object to non-dispositive orders issued by magistrate judges and requires that the district 24 judge “modify or set aside any part of the order that is clearly erroneous or is contrary to law.” 25 Plaintiff argues that the magistrate judge’s denial of his request was in error because the Federal 26 Rules of Evidence provide for the appointment of an expert…