Barnett v. Norman, et al.

Filing 374

ORDER Regarding Plaintiff's Notice of 353 Motion of Plaintiff's Intention to Use Statement of Defendants pursuant to Federal Rules of Evidence, signed by Magistrate Judge Barbara A. McAuliffe on 12/18/15. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TROAS V. BARNETT,
Plaintiff,

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v.
MARTIN GAMBOA, et al.,
Defendants.

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Case No.: 1:05-cv-01022-BAM (PC)
ORDER REGARDING PLAINTIFF’S NOTICE OF
MOTION OF PLAINTIFF’S INTENTION TO USE
STATEMENTS OF DEFENDANTS PURSUANT
TO FEDERAL RULES OF EVIDENCE
(ECF No. 353)

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Plaintiff Troas Barnett (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. The parties have consented to magistrate judge

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jurisdiction. (Plaintiff’s consent, ECF No. 9; Defendants’ consent, ECF No. 62.) This action proceeds

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on Plaintiff’s claims that Defendants Gamboa, Duran, and Torres used excessive physical force

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against him in violation of his rights under the Eighth Amendment of the United States Constitution

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and that Defendant Torres failed to intervene to protect Plaintiff from harm in violation of his rights

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under the Eighth Amendment. A jury trial is set to commence in this matter on February 23, 2016.

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On November 16, 2015, Plaintiff filed a motion stating that he seeks to use transcripts of prior

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proceedings in this trial. (ECF No. 353.) This matter was addressed in open court on December 17,

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2015, and Plaintiff is ORDERED to use the evidentiary procedure explained during that hearing.

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IT IS SO ORDERED.

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Dated:

December 18, 2015

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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