McNeal v. Fleming, et al

Filing 227

ORDER signed by Judge Morrison C. England, Jr. on 10/29/2012 DENYING, as moot, 220 Motion for copy of interview videotape. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VERNON WAYNE MCNEAL,

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Plaintiff,

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v.

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No. 2:02-cv-02524 MCE JFM (PC)

FLEMING, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. This matter is set for trial on January 7, 2013. On August 22, 2012, Plaintiff

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filed a motion for a “hard copy” of Plaintiff’s “September 10, 2001 use of force videotape

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interview.” (ECF No. 220.) On September 24, 2012, Defendants filed an opposition to the

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motion, in which they represent that Plaintiff has had access to view the videotape and take notes

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and may request additional access as necessary for trial preparation. (ECF No. 222.) On October

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4, 2012, Plaintiff filed a reply in which he clarifies that he is seeking a written transcript of the

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interview. (ECF No. 223.) By order filed October 16, 2012, Defendants were directed to file a

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response to Plaintiff’s reply. (ECF No. 225.) On October 25, 2012, Defendants filed a response

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to which is appended a transcript of the interview. (ECF No. 226.) That transcript has been

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served on Plaintiff.
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Accordingly, good cause appearing, IT IS HEREBY ORDERED that Plaintiff’s
August 22, 2012, motion (ECF No. 220) is DENIED AS MOOT.
Dated: October 29, 2012

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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