Loterzstain

(PC) Newsome v. Loterzstain

Good Law
United States District Court, Eastern District of CaliforniaApril 5, 20242:19-cv-00307California325 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHELDON RAY NEWSOME, Case No. 2:19-cv-00307-DAD-JDP (PC) Plaintiff, ORDER v. DENYING PLAINTIFF’S MOTION FOR

APPOINTMENT OF AN EXPERT WITNESS

M. LOTERZSTAIN, et al., ECF No. 160 Defendants. 16 Plaintiff is a state prisoner proceeding pro se in an action brought under 42 U.S.C. § 1983. Plaintiff moves for the appointment of expert witness to give an opinion on his damages and to rebut defendants’ medical experts. ECF No. 160 at 1. Plaintiff cannot obtain appointment of an expert witness for his own benefit. Rule 706(a) permits the court to appoint only neutral expert witnesses. See Students of Cal. School for the Blind v. Honig, 736 F.2d 538, 549 (9th Cir. 1984). Moreover, “28 U.S.C. § 1915 . . . does not authorize the court to appoint an expert for plaintiff’s benefit to be paid by the court.” Gorton v. Todd, 793 F. Supp. 2d at 1171, 1184 n.11 (E.D. Cal. 2011). If the court were ever to appoint an expert witness, the…

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