Serrano v. Rawers et al

Filing 110

ORDER for Defendant to File Further Briefing on Admissibility of Evidence by March 4, 2016 signed by Magistrate Judge Erica P. Grosjean on 02/26/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSIE L. SERRANO,

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Plaintiff,
vs.

1:11-cv-00399-EPG-PC
ORDER FOR DEFENDANT TO FILE
FURTHER BRIEFING ON
ADMISSIBILITY OF EVIDENCE
BY MARCH 4, 2016

SERGEANT JEFFERY L. LUCAS,
Defendant.

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Jury Trial: March 8, 2016, at 8:30 a.m. in
Courtroom 10 (EPG)

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This civil rights action, brought pursuant to 42 U.S.C. ' 1983, proceeds on the First

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Amended Complaint filed by state prisoner Jessie L. Serrano (APlaintiff@) on April 14, 2011,

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against defendant Sergeant Jeffery L. Lucas (ADefendant”), for failure to protect Plaintiff, in

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violation of the Eighth Amendment. (ECF No. 6.)1 This case is presently set for trial on March

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8, 2016 before Magistrate Judge Erica P. Grosjean.2

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Upon further review of Defendant’s exhibit list for trial, the Court questions the

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admissibility of Plaintiff’s Rules Violations Reports by Defendant at trial, and requests further

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briefing by Defendant on this issue. (ECF No. 91 at 15 ¶¶29, 30.) In his Pretrial Statement,

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Defendant includes on his exhibit list (1) Rules Violation Report FC-01-09-0018, heard on

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On June 24, 2013, Plaintiff notified the Court that he wished to proceed only on the cognizable
failure to protect claim against defendant Lucas. (ECF No. 12.)
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The parties to this action have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C.
' 636(c). (ECF Nos. 4, 39.)
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October 16, 2001, and (2) Rules Violation Report F5-03-01-012, heard on January 28, 2003.

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(ECF No. 61 at 10 ¶¶29, 30.) To aid consideration, the parties are invited to submit further

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briefing on the admissibility of this evidence no later than March 4, 2016.

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Accordingly, IT IS HEREBY ORDERED that if a party wishes to submit argument

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regarding the admissibility of Plaintiff’s Rules Violations Reports by Defendant at trial, they

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must do so no later than March 4, 2016.

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IT IS SO ORDERED.
Dated:

February 26, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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