Hernandez v. Hernandez et al

Filing 133

ORDER Granting Defendants' 120 Request for Clarification signed by Magistrate Judge Michael J. Seng on 07/24/2015. (Flores, E)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

FEDERICO HERNANDEZ,

10
11
12
13

Plaintiff,

CASE NO. 1:13-cv-01625-MJS (PC)
ORDER GRANTING DEFENDANTS’
REQUEST FOR CLARIFICATION

v.
(ECF No. 120)
M. HERNANDEZ, et al.,
Defendants.
AUGUST 3, 2015 DEADLINE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Plaintiff is a state prisoner proceeding in forma pauperis in this civil rights action
brought pursuant to 42 U.S.C. § 1983. The action proceeds against Defendants
Hernandez, Zambrano, Clark, Rodriguez, and Martin on Plaintiff’s Eighth Amendment
excessive force claim. Trial is set for August 11, 2015. (ECF No. 86.)
On July 21, 2015, Defendants filed a request for clarification of the pretrial order.
(ECF No. 120.) Specifically, Defendants state that they wish to use as demonstrative
evidence photographs of the dining hall where the incident at issue occurred. The
photographs Defendants wish to utilize were disclosed to Plaintiff’s counsel
simultaneously with Defendants’ request to the Court. The use of such visual aids was
not addressed in the Court’s pretrial order.
On July 22, 2015, the Court ordered Plaintiff to respond to the request. (ECF
No. 129.) Plaintiff responded on July 23, 2015, stating that he has no objections to the

1

use of the photographs as demonstrative evidence, provided that he also is permitted

2

to use the photographs for the same purpose.

3

In light of the foregoing, Defendants’ request for clarification is HEREBY

4

GRANTED. The parties may use the photographs as demonstrative aids during trial.

5

Defendants shall lodge an original and five (5) copies of the photographs, marked for

6

identification purposes, with the Court by August 3, 2015. Defendants also shall

7

provide marked copies of the photographs to Plaintiff’s counsel by the same date.

8
9
10

IT IS SO ORDERED.
Dated:

July 24, 2015

/s/

11

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2