Johnson v. Gonzalez et al

Filing 161

ORDER DENYING Plaintiff's 131 Motion Requesting a Courtesy Copy of the Ninth Circuit Model Jury Instruction for Excessive Force by a Correctional Officer, signed by Magistrate Judge Barbara A. McAuliffe on 4/6/15. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY JOHNSON,

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Plaintiff,

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v.
L. GONZALEZ, et al.,

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Defendants.

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ORDER DENYING PLAINTIFF’S MOTION
REQUESTING A COURTESY COPY OF THE
NINTH CIRCUIT MODEL JURY INSTRUCTION
FOR EXCESSIVE FORCE BY A
CORRECTIONAL OFFICER
(ECF No. 131)

pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s
claim of excessive force in violation of the Eighth Amendment against Defendants Gonzales1 and
Murrieta arising out of an alleged assault following the takedown of Plaintiff by Defendant Gonzales
on June 9, 2008. A jury trial is set for April 28, 2015.
On February 2, 2015, Plaintiff filed a motion requesting a courtesy copy of the Ninth Circuit’s

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Case No.: 1:09-cv-01264-BAM PC

Plaintiff Anthony Johnson (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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Model Jury Instruction for excessive force by a correctional officer. (ECF No. 131.)
Plaintiff’s request for a courtesy copy of the Ninth Circuit’s Model Jury Instruction regarding
excessive force is unnecessary. First, Plaintiff makes no showing that the Ninth Circuit’s Model Jury
Instructions are unavailable to him through the prison law library. Second, as the Court indicated
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Defendant was sued as “L. Gonzalez.”

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during the Telephonic Trial Confirmation Hearing held on March 3, 2015, the Court prepares

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proposed jury instructions, based on the Ninth Circuit’s Model Civil Jury Instructions, which will be

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available to Plaintiff on the first day of trial. Third, and finally, the record reflects that on April 2,

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2015, Defendants filed and served their proposed jury instructions, which included a proposed jury

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instruction regarding excessive force based on the Ninth Circuit’s model instruction. Defendants’

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proposed instruction identifies any alterations to the Ninth Circuit’s Model Civil Jury Instructions by

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underlined text. (ECF No. 158.)

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For these reasons, Plaintiff’s motion requesting a courtesy copy of the Ninth Circuit’s Model
Jury Instructions for excessive force is HEREBY DENIED.
IT IS SO ORDERED.
Dated:

/s/ Barbara

April 6, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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