Monclova-Chavez v. McEachern et al

Filing 133

ORDER Striking Motions 131 , 132 , signed by Magistrate Judge Barbara A. McAuliffe on 11/27/12. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MAXIMILIAN MONCLOVA-CHAVEZ,

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CASE NO. 1:08-cv-00076-AWI-BAM

Plaintiff,

ORDER STRIKING MOTIONS

v.

(ECF Nos. 131, 132)

ERIC McEACHERN, et al.,

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Defendants.
/

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Plaintiff Maximilian Monclova-Chavez (“Plaintiff”) is a federal prisoner proceeding in this

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civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403

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U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for violation of civil rights by federal

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actors. This action is proceeding on the complaint, filed January 15, 2008, against Defendants

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McEachern,1 Miller, White, and Tincher for excessive force in violation of the Eighth Amendment.

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A telephonic trial confirmation hearing is set in this action for January 7, 2013, at 1:30 p.m.

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before the Honorable Anthony W. Ishii. At the prior telephonic conference, the parties were

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informed that the deadlines to file motions in limine would be set at a later date. On November 26,

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2012, Plaintiff filed a motion to preclude improper impeachment and character evidence at trial and

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a motion on admission of prior testimony with limiting instructions. (ECF Nos. 131, 132.) Once

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the parties file their joint pretrial statement, a pretrial order shall issue establishing the deadlines to

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file motions in limine and oppositions to the motions in limine. Accordingly, Plaintiff’s motions,

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On December 8, 2010, default was entered against Defendant McEachern. (ECF Nos. 71, 72.)

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filed November 26, 2012, are HEREBY STRICKEN FROM THE RECORD.

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IT IS SO ORDERED.
Dated:
10c20k

November 27, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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