James v. Wilber et al

Filing 130

ORDER SETTING Evidentiary Hearing on Order to Show Cause signed by Magistrate Judge Sheila K. Oberto on 4/4/2013. Evidentiary Hearing set for 5/29/2013 at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Sant Agata, S)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
RICKY W. JAMES,

CASE NO. 1:08-cv-00351-SKO PC

9
Plaintiff,

ORDER SETTING EVIDENTIARY HEARING
ON ORDER TO SHOW CAUSE

10
v.
11

(Doc. 121)
J. WILBER, et al.,

12

Date: May 29, 2013
Time: 10:00 a.m.
Courtroom: 7 (SKO)

Defendants.
13
/
14
15

Plaintiff Ricky W. James, a state prisoner proceeding pro se and in forma pauperis, filed this

16

civil rights action pursuant to 42 U.S.C. § 1983 on March 12, 2008. This action for damages is

17

proceeding on Plaintiff’s Eighth Amendment claim against Defendant Saenz arising out of the denial

18

of medical care at California State Prison-Corcoran in June and July 2006.

19

On January 9, 2013, the Court issued an order requiring Plaintiff to show cause within thirty

20

days why sanctions should not be imposed against him for making false statements regarding what

21

inmate witnesses James Cardinel and Jimmy Reed heard and saw in June and/or July 2006.

22

Chambers v. NASCO, Inc., 501 U.S. 32, 43-45, 111 S.Ct. 2123 (1991); Roadway Express, Inc. v.

23

Piper, 447 U.S. 752, 767, 100 S.Ct. 2455 (1980). Defendant was given fifteen days within which

24

to file a reply. The parties were informed that following receipt of the response and reply, the Court

25

would determine whether it is necessary to hold a hearing on the order to show cause.

26

Plaintiff filed a response to the order on January 25, 2013, and Defendant filed a reply on

27

February 11, 2013. Following a review of the parties’ briefs, it is necessary for the Court to set a

28

hearing on the order to show cause given that resolution of the issues requires, in part, an assessment
1

1

of witness credibility. By separate order issued at the appropriate juncture, the Court will direct the

2

transportation of Plaintiff, James Cardinel, and Jimmy Reed for the hearing. Defendant’s counsel

3

shall appear in person for the hearing and shall provide the Court and Plaintiff with a list of

4

witnesses and exhibits on or before May 15, 2013.

5

Accordingly, it is HEREBY ORDERED that:

6

1.

7

The order to show cause, filed on January 9, 2013, is set for an evidentiary hearing
on May 29, 2013, at 10:00 a.m. before the undersigned in Courtroom 7;

8

2.

9

By separate order at the appropriate juncture, the Court will order the transportation
of Plaintiff, James Cardinel, and Jimmy Reed for the evidentiary hearing; and

10

3.

11

Defendant’s counsel shall file a list of witnesses and exhibits on or before May 15,
2013.

12
13

IT IS SO ORDERED.

14

Dated:
i0d3h8

April 4, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2