Hill v. Clark et al

Filing 105

ORDER Granting In Part and Denying In Part 93 Plaintiff's Motion, signed by Magistrate Judge Erica P. Grosjean on 3/30/16. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHNATHAN HILL,

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Plaintiff,

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1:13-cv-00386-EPG-PC
ORDER GRANTING IN PART
PLAINTIFF’S MOTION
(ECF No. 93.)

vs.

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C/O J. CLARK, and

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C/O A. RIVAS,

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Defendants.

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Johnathan Hill (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. This case is scheduled for trial on April 12, 2016 at 8:30

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am before Magistrate Judge Erica P. Grosjean.1

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On February 22, 2016, Plaintiff filed a motion in which he makes five requests in
anticipation of trial. (ECF No. 93.)

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(1)

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Plaintiff requests Judge Grosjean examine the jurors on Plaintiff’s behalf under Rule 47.

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Rule 47(a) of the Federal Rules of Civil Procedure provides: “The court may permit the parties

Examining Jurors

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The parties have consented to Magistrate Judge jurisdiction under 28 U.S.C. 636(c), and on
August 10, 2015, this case was reassigned to the Magistrate Judge Erica P. Grosjean for all further proceedings,
including trial and entry of final judgment. (ECF No. 45.)
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or their attorneys to examine prospective jurors or may itself do so. If the court examines the

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jurors, it must permit the parties or their attorneys to make any further inquiry it considers

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proper, or must itself ask any of their additional questions it considers proper.”

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The Court intends to examine prospective jurors by asking various relevant questions

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and then will give both parties an opportunity to ask additional questions if they choose to do

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so.

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(2)

Verdict Forms

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Plaintiff requests Judge Grosjean submit general verdict forms and written questions on

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the issues of fact the jury must decide, under Rule 49(b). Rule 49(b)(1) of the Federal Rules of

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Civil Procedure provides: “The court may submit to the jury forms for a general verdict,

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together with written questions on one or more issues of fact that the jury must decide. The

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court must give the instructions and explanations necessary to enable the jury to render a

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general verdict and answer the questions in writing, and must direct the jury to do both.”

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The Court will provide the parties with a proposed verdict form on the morning of trial
and will ask for any comments or objections before presenting it to the jury.

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(3)

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Plaintiff requests the Court to provide him with “a dummy that’s 5’11”, 155 pounds” to

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demonstrate at trial how defendants Clark and Rivas assaulted Plaintiff and how Plaintiff’s

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body was positioned in his cell door. This request shall be denied. The Court does not have

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such a dummy and has no legal obligation to provide one. Moreover, the Court finds it

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sufficient for Plaintiff to use testimony, witness examination, and other evidence during the

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trial to convey what happened.

Dummy for Use at Trial

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(4)

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Plaintiff requests the Court to provide him with a yellow legal pad to take notes during

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Yellow Legal Pad

trial. This request shall be granted.

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(5)

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Plaintiff requests copies of the Federal Rules of Civil Procedure and the Federal Rules

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Federal Rules

of Evidence for his use during trial. This request shall be granted.
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Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motion, filed on
February 22, 2016, is GRANTED in part and DENIED in part, as discussed in this order.

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IT IS SO ORDERED.
Dated:

March 30, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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