Petras

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 O.Z. MARTIN, No. 2:19-cv-2075 TLN KJN P Plaintiff, v. ORDER ROBERT FOX, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. This action is set for trial before the Honorable Troy L. Nunley on July 15, 2024. Pending before the court is plaintiff’s motion for appointment of an independent expert witness pursuant to Rule 706 of the Federal Rules of Evidence. (ECF No. 89.) For the reasons stated herein, plaintiff’s motion for appointment of an expert witness is denied. Legal Standard The court has the discretion to appoint an expert pursuant to Rule 706(a) of the Federal Rules of Evidence. In relevant part, Rule 706 states that “[o]n a party’s motion or on its own, the court may order the parties to show cause why expert witnesses should not be appointed ...” Fed. R. Evid. 706(a). Pursuant to Rule 702, “a witness…