McDavid

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 WELDON K. MCDAVID, JR., Case No.: 22cv751-GPC(LR)

Petitioner,

ORDER DENYING WITHOUT

v. PREJUDICE PETITIONER’S

MOTION FOR APPOINTMENT OF

KATHLEEN ALLISON, et al.,

EXPERT WITNESS

Respondents. [ECF NO. 32] 16 17 Pending before the Court is Petitioner’s Motion for Appointment of Expert Witness [ECF No. 32]. Petitioner states that a retired FBI Agent, Benedict Tisa, has “knowledge of external ballistics and projectile trajectories” and “would be invaluable to the court in determining the facts of this case.” (Id.) Petitioner moves the Court to appoint Mr. Tisa as a firearms expert witness to testify at Petitioner’s evidentiary hearing. (Id.) A district court has discretion to appoint an expert witness either by a party’s motion or by its own motion. Fed. R. Evid. 706(a). However, “[Federal Rule of Civil Procedure] 706 is not a means to avoid the in forma pauperis statute [28 U.S.C. § 1915] 27 …