Shepard v. Tilton et al

Filing 109

ORDER Denying Motion Informing The Court Of C.S.P. Corcoran Intentions And An Evidentiary Hearing (Doc. 97 ), signed by Magistrate Judge Barbara A. McAuliffe on 4/30/2013. (Fahrney, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LAMONT SHEPARD, 12 Plaintiff, 13 v. 14 R. PEREZ, et al., 15 Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:10-cv-00023-BAM PC ORDER DENYING MOTION INFORMING THE COURT OF C.S.P. CORCORAN INTENTIONS AND AN EVIDENTIARY HEARING (Doc. 97) Plaintiff Lamont Shepard (“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 on 19 Plaintiff’s complaint against Defendants L.A. Martinez, R. Perez, P. Garcia, J. Soto, E. De la Cruz and 20 A Trevino for excessive force in violation of the Eighth Amendment. Jury trial in this matter is set for 21 May 6, 2013. 22 On March 21, 2013, the Court directed Plaintiff to comply with the pretrial order. Specifically, 23 the Court directed Plaintiff’s attention to the April 12, 2013 deadline to exchange trial exhibits with 24 Defendants and the April 29, 2013 deadline to submit his pre-marked trial exhibits. (ECF No. 92.) 25 On April 8, 2013, Plaintiff filed a notice indicating that he has been unable to obtain additional 26 copies of his trial exhibits from the prison law library to exchange with Defendants and to provide the 27 Court. (ECF No. 94.) In response, on April 10, 2013, the Court directed Plaintiff to file his trial 28 exhibit list, in lieu of his exhibits, no later than April 18, 2013. (ECF No. 96.) 1 1 On April 16, 2013, Plaintiff filed the instant motion informing the Court that he could not 2 comply with the deadline to submit his trial exhibits because of the law library at his prison. Plaintiff 3 therefore requested an evidentiary hearing regarding the law library’s response to his requests for 4 access. (ECF No. 97.) 5 On April 19, 2013, the Court held a motion in limine hearing and addressed Plaintiff’s motion 6 regarding his trial exhibits. As indicated in the Court’s prior order, Plaintiff’s inability to obtain 7 copies has been accommodated by the Court. In lieu of providing his exhibits in advance of trial, the 8 Court directed Plaintiff to submit a list identifying his exhibits by name, description and date. 9 On April 22, 2013, Plaintiff filed his trial exhibit list, which identifies his proposed exhibits by 10 name, date, and, in some instances, by description of the contents. Based on this filing and the Court’s 11 previous orders and direction, Plaintiff’s instant motion regarding copies of his trial exhibits and his 12 request for an evidentiary hearing are no longer necessary. Accordingly, Plaintiff’s motion informing 13 the Court of C.S.P. Corcoran intentions and request for an evidentiary hearing is DENIED AS MOOT. 14 15 16 17 IT IS SO ORDERED. Dated: /s/ Barbara April 30, 2013 18 _ UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 19 A. McAuliffe 10c20kb8554 20 21 22 23 24 25 26 27 28 2

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