Payne v. Martin et al

Filing 78

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/3/2014: Plaintiff's Pretrial Statement 77 is disregarded. Plaintiff shall file a pretrial statement in accordance with the court's orders and the Local Rules within 30 days. Defendant shall file a pretrial statement not later than 30 days after the filing of plaintiff's statement. (Owen, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEE THIEL PAYNE,

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No. 2:11-cv-1970-TLN-EFB P

Plaintiff,

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v.

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MARTIN, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On May 30, 2014, the court directed plaintiff to file a pretrial statement within 30

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days. ECF No. 73. On June 25, 2014, the court granted plaintiff a 45-day extension of time to

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file his pretrial statement. ECF No. 75. On July 1, 2014, plaintiff filed a document purporting to

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be a pretrial statement. ECF No. 77. That filing, however, fails to comply with the court’s order

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or this court’s Local Rules. For example, plaintiff does not identify which facts he disputes, and

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which facts he does not dispute. He also fails to clearly indicate whether he has any exhibits or

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witnesses to present at trial. Without this information, defendant cannot properly prepare his own

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pretrial statement.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s “pretrial statement” (ECF No. 77) is disregarded.

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2. Plaintiff shall file a pretrial statement in accordance with the court’s orders and the

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Local Rules within 30 days from the date of this order. Plaintiff is again cautioned

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that failure to file a pretrial statement in accordance with this order may result in the

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imposition of sanctions, including the exclusion of witnesses or exhibits at trial, or

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dismissal of this action.

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3. Defendant shall file a pretrial statement not later than thirty days after the filing of
plaintiff’s statement.
DATED: July 3, 2014.

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