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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LAMONT SHEPARD,

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CASE NO. 1:10-cv-00023-BAM PC

Plaintiff,

ORDER REGARDING COMPLIANCE WITH
PRETRIAL DEADLINES REGARDING
PROPOSED TRIAL EXHIBITS

v.

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(ECF No. 91)
R. PEREZ, et al.,

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Defendants.
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/

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Plaintiff Lamont Shepard (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on
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Plaintiff’s complaint against Defendants L.A. Martinez, R. Perez, P. Garcia, J. Soto, E. De la Cruz
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and A Trevino for excessive force in violation of the Eighth Amendment. A jury trial is set for May
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6, 2013.
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Plaintiff has requested that the Court provide him with copies of his exhibits, which were
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submitted with his motion for summary judgment, so that he may prepare for trial. Pursuant to the
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Court’s direction, the Clerk’s Office mailed Plaintiff a copy of those exhibits on March 19, 2013.
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(ECF No. 90.)
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Plaintiff’s attention is now directed to the pretrial order in this action, which sets the
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deadlines for pretrial submissions by the parties. (ECF No. 91.) Given the Court’s effort to ensure
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that Plaintiff has a copy of his exhibits, Plaintiff must comply with the April 12, 2013 deadline to
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exchange exhibits with Defendants and must comply with the April 29, 2013 deadline to submit
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his pre-marked trial exhibits to Courtroom Deputy Harriet Herman. (ECF No. 91, pp. 15-18.)

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Plaintiff is warned that failure to comply with the deadlines in the pretrial order may be grounds for

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the imposition of sanctions, including exclusion of exhibits not pre-marked, possible dismissal of

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this action or entry of default for non-compliance.

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IT IS SO ORDERED.
Dated:
10c20k

March 20, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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