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)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RICK A. HAZELTINE,

12
13
14
15
16
17

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.

18
19

Plaintiff Rick Hazeltine is a civil detainee proceeding pro se and in forma pauperis with

20

this civil rights action brought pursuant to 42 U.S.C. § 1983. This case now proceeds on

21

plaintiff’s First Amended Complaint filed on July 6, 2015, which alleges a claim of excessive use

22

of force in violation of the Fourteenth Amendment against defendants Ian Young, Benjamin

23

Gamez, Rashaun Casper, Julius Oldan, Porfirio Sanchez Negrete, David Avilia, Charles Ho, and

24

Rickey Smith. (Doc. No. 27.) This case is scheduled for jury trial on August 7, 2018, at 1:00

25

p.m. before the undersigned.

26

On July 26, 2018, plaintiff filed two motions. In the first motion (Doc. No. 135), plaintiff

27

requested that he be permitted to wear civilian clothing rather than prison garb at trial. Plaintiff

28

also noted that his wife has attempted to provide plaintiff with clothing by mailing it to him at
1

1

Coalinga State Hospital, and requested an order that the Hospital accept such clothing and

2

provide it to plaintiff. The court has no objection to plaintiff appearing at trial in civilian clothes.

3

Accordingly, to the extent Coalinga State Hospital is in possession of plaintiff’s civilian clothing,

4

the Hospital is requested to take the necessary steps to have that clothing transported with

5

plaintiff when he is brought to this court for trial. If plaintiff’s civilian clothing has not arrived at

6

his place of confinement or is not transported with him for any reason, plaintiff is advised that his

7

family may bring clothes to the U.S, Marshal’s Office at the federal courthouse in Fresno. There,

8

the clothing delivered will be searched and delivered to plaintiff. Plaintiff is advised that he will

9

be permitted to change into civilian clothing, if available, at the federal courthouse prior to his

10

appearance at trial.
With respect to plaintiff’s second motion (Doc. No. 136), plaintiff has provided notice that

11
12

he seeks to make copies of a CD and DVD that he intends to introduce at trial, but that Coalinga

13

State Hospital has refused to permit him to make those copies. Plaintiff explains that he seeks to

14

make copies in order to provide them to the court and defense counsel in accordance with this

15

court’s pretrial order. (See Doc. No. 107 at 5.) Given that trial is scheduled to commence next

16

week, the court will excuse plaintiff from his disclosure obligations under the pretrial order.1 The

17

court will address this issue with the parties, if necessary, on the first day of trial.

18

IT IS SO ORDERED.

19

Dated:

July 30, 2018
UNITED STATES DISTRICT JUDGE

20
21
22
23
24
25
26
27
28

1

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.
2