Hypolite v. Zariora et al

Filing 88

ORDER Regarding Defendant's 83 Objections to Pretrial Order signed by Chief Judge Lawrence J. O'Neill on 04/25/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AVERY HYPOLITE,

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Plaintiff,

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v.
R. ZAMORA,

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Defendant.

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[ECF No. 83]

This action proceeds to trial on Plaintiff’s claim of excessive force against Defendant R.
Zamora. The jury trial is set for May 23, 2017, at 8:30 a.m. before the undersigned.
On April 14, 2017, the Court issued the pretrial order in this action, and directed that

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ORDER REGARDING DEFENDANT’S
OBJECTIONS TO PRETRIAL ORDER

pursuant to 42 U.S.C. § 1983.

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Case No.: 1:14-cv-01199-LJO-SAB (PC)

Plaintiff Avery Hypolite is appearing pro se and in forma pauperis in this civil rights action

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objections were to be filed by April 24, 2017.

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On April 24, 2017, Defendant filed objections. Defendant requests that the Court extend the

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deadline for submission of the joint trial exhibits and joint exhibit list from May 1, 2017 to May 9,

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2017. Defendant also requests he be allowed to provide a legal definition for the term moral turpitude

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to the jury at the time of examination on the topic. Defendant’s objection is granted as to the former

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request and denied as to the latter request.

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On the basis of good cause, the deadline to submit the joint trial exhibits and joint exhibit list is

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extended from May 1, 2017, to May 9, 2017.

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Defendant’s request to provide the jury with a definition of moral turpitude is denied as

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unneeded. IF the Plaintiff testifies at the trial, he may be asked whether or not he’s been convicted of

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a felony. Assuming that fact is established with the answer, nothing precludes argument by defense

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counsel in his closing argument that the jury should not believe the Plaintiff due to the conviction.

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Period.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

April 25, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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