Shepard v. Tilton et al

Filing 92

ORDER Regarding Compliance with Pretrial Deadlines Regarding Proposed Trial Exhibits signed by Magistrate Judge Barbara A. McAuliffe on 03/20/2013. (Flores, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LAMONT SHEPARD, 10 11 CASE NO. 1:10-cv-00023-BAM PC Plaintiff, ORDER REGARDING COMPLIANCE WITH PRETRIAL DEADLINES REGARDING PROPOSED TRIAL EXHIBITS v. 12 (ECF No. 91) R. PEREZ, et al., 13 Defendants. 14 / 15 Plaintiff Lamont Shepard (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on 17 Plaintiff’s complaint against Defendants L.A. Martinez, R. Perez, P. Garcia, J. Soto, E. De la Cruz 18 and A Trevino for excessive force in violation of the Eighth Amendment. A jury trial is set for May 19 6, 2013. 20 Plaintiff has requested that the Court provide him with copies of his exhibits, which were 21 submitted with his motion for summary judgment, so that he may prepare for trial. Pursuant to the 22 Court’s direction, the Clerk’s Office mailed Plaintiff a copy of those exhibits on March 19, 2013. 23 (ECF No. 90.) 24 Plaintiff’s attention is now directed to the pretrial order in this action, which sets the 25 deadlines for pretrial submissions by the parties. (ECF No. 91.) Given the Court’s effort to ensure 26 that Plaintiff has a copy of his exhibits, Plaintiff must comply with the April 12, 2013 deadline to 27 exchange exhibits with Defendants and must comply with the April 29, 2013 deadline to submit 28 1 1 his pre-marked trial exhibits to Courtroom Deputy Harriet Herman. (ECF No. 91, pp. 15-18.) 2 Plaintiff is warned that failure to comply with the deadlines in the pretrial order may be grounds for 3 the imposition of sanctions, including exclusion of exhibits not pre-marked, possible dismissal of 4 this action or entry of default for non-compliance. 5 6 IT IS SO ORDERED. Dated: 10c20k March 20, 2013 /s/ Barbara 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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