Barnett v. Norman, et al.

Filing 320

ORDER DENYING AS MOOT 291 Plaintiff's Motion for Special Handling of Trial Exhibits signed by Magistrate Judge Barbara A. McAuliffe on 4/28/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TROAS V. BARNETT,

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Plaintiff,

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v.
MARTIN GAMBOA, et al.,

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Defendants.

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Case No.: 1:05-cv-01022-BAM PC
ORDER DENYING PLAINTIFF’S REQUEST FOR
SPECIAL HANDLING OF TRIAL EXHIBITS AS
MOOT
(ECF No. 291)

Plaintiff Troas V. Barnett (“Plaintiff”), a state prisoner, proceeded pro se and in forma pauperis

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in this civil rights action pursuant to 42 U .S.C. § 1983. Plaintiff initiated this action on August 9,

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2005. (ECF No. 1.) The matter proceeded to a jury trial on January 22, 2013. The jury returned a

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special verdict in favor of Defendants Gamboa, Duran and Torres on January 24, 2013, and judgment

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for Defendants was entered on January 30, 2013. (ECF Nos. 287, 289.) On February 6, 2013,

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Plaintiff filed a notice of appeal, which was processed to the Ninth Circuit Court of Appeals. (ECF

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No. 290, 292.)

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On February 6, 2013, in conjunction with his notice of appeal, Plaintiff filed the instant motion

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requesting the retention of trial exhibits pending appeal pursuant to Local Rule 138(e). (ECF No.

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291.) Local Rule 138 provides that all exhibits “shall be delivered to the Clerk, who shall keep

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custody of the same, except as otherwise ordered by the Court.” Local Rule 138(f). In this case, at the

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conclusion of the trial, and pursuant to stipulation, the trial exhibits were returned to the parties to be
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retained for purposes of appeal. (ECF No. 281.) In other words, the exhibits are in the possession of

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the parties, not the Clerk of the Court. Accordingly, Plaintiff’s request for the retention of exhibits by

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the Clerk is DENIED as moot.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 28, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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