CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL LENIOR SMITH, No. 2:18-cv-2942 KJM AC P Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

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