Serrano v. Rawers et al
Filing
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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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