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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 FEDERICO HERNANDEZ, 10 11 12 13 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 14 15 16 Plaintiff is a state prisoner proceeding in forma pauperis in this civil rights action 17 brought pursuant to 42 U.S.C. § 1983. The action proceeds against Defendants 18 Hernandez, Zambrano, Clark, Rodriguez, and Martin on Plaintiff’s Eighth Amendment 19 excessive force claim. Trial is set for August 11, 2015. (ECF No. 86.) 20 Before the Court is Defendants’ July 21, 2015 request for clarification of the 21 pretrial order. (ECF No. 120.) Specifically, Defendants state that they wish to use as 22 demonstrative evidence photographs of the dining hall where the incident at issue 23 occurred. The photographs Defendants wish to utilize were disclosed to Plaintiff’s 24 counsel simultaneously with Defendants’ request to the Court. The use of such visual 25 aids was not addressed in the Court’s pretrial order. 26 In light of the foregoing, Plaintiff is HEREBY ORDERED to file, by July 27, 2015, 27 objections, if any he has, to Defendants’ proposed use of demonstrative evidence. The 28 1 Court will hold and keep Defendants’ request under submission pending receipt of 2 such objections, if any. 3 4 5 IT IS SO ORDERED. Dated: July 22, 2015 /s/ 6 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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