Saenz v. Spearman, et al.

Filing 141

ORDER Denying Plaintiff's Motion to File his Exhibits for Jury Trial set for June 18, 2013, as Moot 131 , signed by Magistrate Judge Barbara A. McAuliffe on 5/20/13. (Verduzco, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT SAENZ, 12 13 14 Plaintiff, v. SGT. D. REEVES, 15 Defendant. 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:09-cv-00557-BAM (PC) ORDER DENYING PLAINTIFF’S MOTION TO FILE HIS EXHIBITS FOR JURY TRIAL SET FOR JUNE 18, 2013, AS MOOT (ECF No. 131) Plaintiff Robert Gonzales Saenz (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against 19 Defendant Reeves for retaliation in violation of the First Amendment and deliberate indifference to 20 conditions of confinement in violation of the Eighth Amendment. The matter is set for jury trial on 21 June 18, 2013. 22 On May 15, 2013, Plaintiff filed the instant motion to file his intended exhibits/evidence for 23 jury trial. Plaintiff also forwarded his exhibits to the Court. (ECF No. 131.) Plaintiff’s motion to file 24 his exhibits is unnecessary. Pursuant to the Pretrial Order issued on April 16, 2013, the parties are 25 required to submit their proposed trial exhibits to Courtroom Deputy Harriet Herman no later than 26 May 31, 2013. (ECF No. 123, p. 21.) The parties are not required to file their exhibits unless 27 otherwise necessary for any motions in limine. At this time, Plaintiff’s trial exhibits will be forwarded 28 1 1 to the Courtroom Deputy in anticipation of trial. Plaintiff’s motion to file his trial exhibits is therefore 2 DENIED as moot. 3 4 5 6 IT IS SO ORDERED. Dated: /s/ Barbara May 20, 2013 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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