Buchanan v. Santos et al

Filing 94

ORDER Directing Clerk To Send Exhibits Back To Plaintiff, signed by Magistrate Judge Gary S. Austin on 10/26/2012. (Enclosed: Plaintiff's Exhibits)(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WHITTIER BUCHANAN,

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1:08-cv-01174-AWI-GSA-PC

Plaintiff,
ORDER DIRECTING CLERK TO
SEND EXHIBITS BACK TO PLAINTIFF

v.
CORRECTIONAL OFFICER
A. SANTOS,

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Defendant.
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This action, brought pursuant to 42 U.S.C. § 1983, proceeds on the original Complaint filed

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by plaintiff Whittier Buchanan (“Plaintiff”) on August 11, 2008, against defendant Correctional

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Officer (C/O) A. Santos (“Defendant”), for excessive force in violation of the Eighth Amendment.

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(Doc. 1.) This case is presently set for jury trial on December 4, 2012.

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On September 21, 2012, Plaintiff submitted two sets of documents to the Court labeled as
Exhibits 1-10. The documents appear to be Plaintiff’s trial exhibits.

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On December 9, 2012, the Court issued an Amended Pretrial Order instructing the parties

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to “confer no later than October 29, 2012, for purposes of pre-marking and examining each other’s

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exhibits.” (Doc. 88 at 16 ¶XX.B.) The order directs the parties to pre-mark joint exhibits with

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numbers preceded by the designation “JT/,” to pre-mark Plaintiff’s exhibits with numbers, and to

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pre-mark Defendant’s exhibits with letters. Id. The order also directs the parties to create binders

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containing sets of exhibits and to prepare indexes, in preparation for trial. Id. at 16-17 ¶XX.B.1, 2.)

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The exhibits which Plaintiff submitted on September 21, 2012, before he received the Court’s

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instructions in the Amended Pretrial Order, are not in proper form for trial. Therefore, the exhibits

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shall be returned to Plaintiff for pre-marking and organization into binders, as required by the Court.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall return to Plaintiff the

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documents labeled as Exhibits 1-10 which were submitted to the Court by Plaintiff on September

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21, 2012.

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IT IS SO ORDERED.
Dated:
6i0kij

October 26, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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