Hollis v. Gorby et al

Filing 137

ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/13/13 denying 129 Motion for a court order to make photocopies and trial exhibits. Plaintiff is granted 21 days within which to serve upon counsel for defendants the documents identifiedon page 4 of the 11/06/12 pretrial order as documents plaintiff may offer as exhibits at trial. If correctional staff refuse to copy plaintiff's pontential exhibits, plaintiff shall identify who did so and why. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARVIN GLENN HOLLIS, 11 Plaintiff, 12 vs. 13 No. 2:09-cv-1627 JAM CKD P A. GORBY, et al., 14 Defendants. 15 ORDER / 16 On November 6, 2012, the court issued the Pretrial Order for this matter. The 17 court identified a number of documents plaintiff may submit as exhibits for trial and directed 18 plaintiff to send copies to defendants. On January 4, 2013, plaintiff filed a motion asking that the 19 court direct officials at his prison to make copies of plaintiff’s potential exhibits. He asserts he 20 attempted to have documents copied, but he was not allowed copies of all of his documents. 21 While it is not clear, it appears from plaintiff’s motion that he sought not only copies of the 22 documents the court identified as potential exhibits, but also copies of discovery documents and 23 Department of Corrections and Rehabilitation regulations. 24 Good cause appearing, IT IS HEREBY ORDERED that: 25 1. Plaintiff’s motion for a “court order to make photocopies of trial exhibits . . .” 26 (Dkt. No. 129) is denied. 1 1 2. Plaintiff is granted 21 days within which to serve upon counsel for defendants 2 the documents identified on page 4 of the November 6, 2012 Pretrial Order as documents 3 plaintiff may offer as exhibits at trial. If correctional staff refuse to copy plaintiff’s potential 4 exhibits, plaintiff shall identify who did so and why. If service of plaintiff’s exhibits is delayed 5 further by plaintiff seeking copies of documents the court did not identify as potential exhibits, 6 he will be sanctioned, possibly with monetary sanctions or dismissal of this action. 7 Dated: February 13, 2013 8 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 1 holl1627.exs(2) 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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