Hernandez v. Hernandez et al
Filing
129
ORDER Requiring Plaintiff to Respond to Defendants' Request for Clarification signed by Magistrate Judge Michael J. Seng on 07/22/2015. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FEDERICO HERNANDEZ,
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Plaintiff,
v.
CASE NO. 1:13-cv-01625-MJS (PC)
ORDER REQUIRING PLAINTIFF TO
RESPOND TO DEFENDANTS’ REQUEST
FOR CLARIFICATION
M. HERNANDEZ, et al.,
Defendants.
JULY 27, 2015 DEADLINE
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Plaintiff is a state prisoner proceeding in forma pauperis in this civil rights action
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brought pursuant to 42 U.S.C. § 1983. The action proceeds against Defendants
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Hernandez, Zambrano, Clark, Rodriguez, and Martin on Plaintiff’s Eighth Amendment
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excessive force claim. Trial is set for August 11, 2015. (ECF No. 86.)
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Before the Court is Defendants’ July 21, 2015 request for clarification of the
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pretrial order. (ECF No. 120.) Specifically, Defendants state that they wish to use as
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demonstrative evidence photographs of the dining hall where the incident at issue
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occurred. The photographs Defendants wish to utilize were disclosed to Plaintiff’s
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counsel simultaneously with Defendants’ request to the Court. The use of such visual
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aids was not addressed in the Court’s pretrial order.
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In light of the foregoing, Plaintiff is HEREBY ORDERED to file, by July 27, 2015,
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objections, if any he has, to Defendants’ proposed use of demonstrative evidence. The
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Court will hold and keep Defendants’ request under submission pending receipt of
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such objections, if any.
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IT IS SO ORDERED.
Dated:
July 22, 2015
/s/
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Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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