Leon

Leon v. Celaya

Good Law
United States District Court, Southern District of CaliforniaJune 18, 20213:20-cv-00899California1,385 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Carlos LEON, Case No.: 20-cv-00899-AJB-BGS

Plaintiff,

ORDER DENYING PLAINTIFF’S

v. MOTION FOR INDEPENDENT

EXPERT

Alvaro CELAYA, et al.,

Defendant. [ECF No. 21] 16 Plaintiff Carlos Leon is a state prisoner proceeding in forma pauperis (“IFP”) and pro se in this civil rights action filed pursuant to the Civil Rights Act, 42 U.S.C. § 1983. Plaintiff’s Motion for Independent Expert is currently pending before the Court. (ECF No. 21.) In his motion, Plaintiff emphasized the importance of expert testimony in prisoner cases and proffered that an expert is needed in order to avoid “a wholly one-sided presentation of opinions on the issue.” (Id. at 1–2.) There is no requirement that a prisoner present expert testimony to prevail on a constitutional claim under 42 U.S.C. § 1983. Medina v. Morris, No. 09CV169-JAH-KSC, 2014 WL 12686742, at *3 (S.D. Cal. Jan. 2014). An expert…

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