(PC) Dillingham v. Garcia ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JERRY DILLINGHAM, No. 1:18-cv-00579-NONE-EPG (PC) 12 Plaintiff, ORDER OVERRULING PLAINTIFF’S OBJECTIONS TO MAGISTRATE JUDGE’S 13 v. ORDER 14 F. GARCIA, (Doc. No. 115) Defendant. 15 16 17 Jerry Dillingham (“plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. 19 On May 28, 2020, the assigned magistrate judge issued an order denying plaintiff’s 20 requests for appointment of expert witness, for appointment of pro bono counsel, for 21 appointment of guardian ad litem, and to stay the case. (Doc. No. 112.) On June 29, 2020, 22 plaintiff filed objections to that order. (Doc. No. 115.) 23 Pursuant to Federal Rule of Civil Procedure 72(a), when reviewing a magistrate judge's 24 order, “[t]he district judge in the case must consider timely objections and modify or set aside 25 any part of the order that is clearly erroneous or is contrary to law.” See also 28 U.S.C. 26 § 636(b)(1)(A); Local Rule 303. Under the clearly erroneous standard of review, a district 27 court may overturn a magistrate judge's ruling “‘only if the district court is left with the definite 28 wow 4:40 EOIN NS MMM eI ree AY OVI 1 || Group, Inc., 50 F. Supp. 2d 980, 983 (S.D. Cal. 1999) (quoting Weeks v. Samsung Heavy Indus. 2 || Co., Ltd., 126 F.3d 926, 943 (7th Cir. 1997)). Under the contrary to law standard, a district 3 || court may conduct independent review of purely legal determinations by a magistrate judge. 4 || Id. 5 It does not appear that plaintiff timely filed his objections to the magistrate judges’ May 6 |} 28, 2020 order. However, the court has reviewed the magistrate judge’s order (Doc. No. 112) 7 || and plaintiff's objections (Doc. No. 115), and finds that the magistrate judge’s order is not 8 || contrary to law or clearly erroneous. Accordingly, plaintiff's objections to the magistrate 9 || judge’s order (Doc. No. 115) are OVERRULED. 10 IT IS SO ORDERED. ame i NaAA Dated: _ August 19, 2020 eee Te > UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28