Carr v. California Department of Corrections & Rehabilitation et al

Filing 211

ORDER signed by Magistrate Judge Kendall J. Newman on 2/12/2013 DENYING plaintiff's 209 request; and plaintiff is RELIEVED of his obligation to bring a copy of the photographs he intends to submit at trial. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARTHUR CARR,

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Plaintiff,

No. 2:09-cv-0826 GEB KJN P

Defendants.

ORDER

vs.
H. HER, et al.,

/
On February 1, 2013, plaintiff filed a request for return of photographs submitted

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with his pretrial statement. Plaintiff states he needs the photographs so that he can provide

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defendants with copies of missing photographs and make copies of the photographs for use at

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trial. On August 7, 2012, plaintiff submitted original photographs, including some in color, for

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consideration with his pretrial statement. (Dkt. No. 195 at 25-55.) The photographs were

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scanned into CM/ECF, and the originals were maintained in the court file. Defendants have

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access to view these photographs through CM/ECF, and initially provided the photographs to

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plaintiff responsive to a request for production of documents. (Dkt. No. 195 at 22-55.)

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Therefore, it is not necessary for plaintiff to provide defendants with a copy of the photographs,

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or to bring an additional set of copies of the photographs to trial. Plaintiff is relieved of his

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obligation to provide a copy of the photographs at trial.
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Accordingly, IT IS HERE ORDERED that:

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1. Plaintiff’s February 1, 2013 request (dkt. no. 209) is denied; and

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2. Plaintiff is relieved of his obligation to bring a copy of the photographs he

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intends to submit at trial.

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DATED: February 12, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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carr0926.photos

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