Hazeltine v. Hicks et al
Filing
145
ORDER Regarding Plaintiff's 135 136 Motions, signed by District Judge Dale A. Drozd on 7/30/18. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RICK A. HAZELTINE,
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No. 1:14-cv-00056-DAD-GSA
Plaintiff,
ORDER REGARDING PLAINTIFF’S
MOTIONS
v.
IAN YOUNG, BENJAMIN GAMEZ,
RASHAUN CASPER, JULIUS OLDAN,
PORFIRIO SANCHEZ NEGRETE,
DAVID AVILIA, CHARLES HO, and
RICKEY SMITH,
(Doc. Nos. 135, 136)
Defendants.
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Plaintiff Rick Hazeltine is a civil detainee proceeding pro se and in forma pauperis with
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this civil rights action brought pursuant to 42 U.S.C. § 1983. This case now proceeds on
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plaintiff’s First Amended Complaint filed on July 6, 2015, which alleges a claim of excessive use
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of force in violation of the Fourteenth Amendment against defendants Ian Young, Benjamin
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Gamez, Rashaun Casper, Julius Oldan, Porfirio Sanchez Negrete, David Avilia, Charles Ho, and
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Rickey Smith. (Doc. No. 27.) This case is scheduled for jury trial on August 7, 2018, at 1:00
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p.m. before the undersigned.
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On July 26, 2018, plaintiff filed two motions. In the first motion (Doc. No. 135), plaintiff
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requested that he be permitted to wear civilian clothing rather than prison garb at trial. Plaintiff
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also noted that his wife has attempted to provide plaintiff with clothing by mailing it to him at
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Coalinga State Hospital, and requested an order that the Hospital accept such clothing and
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provide it to plaintiff. The court has no objection to plaintiff appearing at trial in civilian clothes.
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Accordingly, to the extent Coalinga State Hospital is in possession of plaintiff’s civilian clothing,
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the Hospital is requested to take the necessary steps to have that clothing transported with
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plaintiff when he is brought to this court for trial. If plaintiff’s civilian clothing has not arrived at
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his place of confinement or is not transported with him for any reason, plaintiff is advised that his
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family may bring clothes to the U.S, Marshal’s Office at the federal courthouse in Fresno. There,
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the clothing delivered will be searched and delivered to plaintiff. Plaintiff is advised that he will
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be permitted to change into civilian clothing, if available, at the federal courthouse prior to his
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appearance at trial.
With respect to plaintiff’s second motion (Doc. No. 136), plaintiff has provided notice that
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he seeks to make copies of a CD and DVD that he intends to introduce at trial, but that Coalinga
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State Hospital has refused to permit him to make those copies. Plaintiff explains that he seeks to
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make copies in order to provide them to the court and defense counsel in accordance with this
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court’s pretrial order. (See Doc. No. 107 at 5.) Given that trial is scheduled to commence next
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week, the court will excuse plaintiff from his disclosure obligations under the pretrial order.1 The
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court will address this issue with the parties, if necessary, on the first day of trial.
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IT IS SO ORDERED.
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Dated:
July 30, 2018
UNITED STATES DISTRICT JUDGE
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The court believes it is likely that defense counsel already has copies of the recordings. If not,
the matter will be resolved on the first day of trial.
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