Barnett v. Norman, et al.

Filing 269

ORDER Regarding Defendants' Ex Parte 267 Application Regarding Court's Decision on Shackling, signed by Magistrate Judge Barbara A. McAuliffe on 1/17/13. (Marrujo, C)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

TROAS V. BARNETT,

10
11
12

CASE NO. 1:05-cv–01022-BAM PC
ORDER REGARDING DEFENDANTS’ EX
PARTE APPLICATION REGARDING COURT’S
DECISION ON SHACKLING

Plaintiff,
v.
MARTIN GAMBOA, ANGEL DURAN,
and MANUEL TORRES,

(ECF No. 267)

13
Defendants.
14

/

15
Plaintiff Troas V. Barnett is a state prisoner proceeding pro se and in forma pauperis in this
16
civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants
17
Martin Gamboa, Angel Duran and Manuel Torres for the use of excessive force, and Defendant
18
Torres for failure to intervene in violation of the Eighth Amendment. The matter is currently set for
19
trial on January 22, 2012.
20
On December 14, 2012, Defendants filed a motion in limine to permit Defendant Duran to
21
appear at trial without restraints. (ECF No. 214.) At the hearing held on January 15, 2013, and by
22
written order, the Court deferred ruling on the motion and informed the parties that it would address
23
the issue of Defendant Duran appearing without restraints on the first day of trial. (ECF No. 262.)
24
On January 16, 2013, Defendants filed the instant ex parte application regarding the Court’s
25
decision on shackling. (ECF No. 267.) Defendants acknowledge that the Court did not issue a
26
ruling, however, Defendants strongly urge the Court to determine in advance of trial that Defendant
27
Duran will not be shackled in the courtroom. Defendants suggest that ordering shackling of
28
1

1

Defendant Duran in the courtroom would be reversible error, would negate the Court’s ruling

2

precluding Plaintiff from referring to Defendant Duran’s pending criminal case and would be highly

3

prejudicial.

4

As stated at the hearing, the Court will address Defendants’ motion in limine and now

5

Defendants’ ex parte application to permit Defendant Duran to appear at trial without restraints on

6

the first day of trial before the jury is called.

7
8

IT IS SO ORDERED.
Dated:
10c20k

January 17, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2