Baker v. Macomber et al
Filing
118
ORDER signed by Magistrate Judge Allison Claire on 3/12/2019 ORDERING Plaintiff to file and serve his separate pretrial statement on or before 4/1/2019, no extension of time will be permitted, and DENYING without prejudice 117 Motion to Appoint Counsel. (Henshaw, R)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
FOR THE EASTERN DISTRICT OF CALIFORNIA
9
10
TOMOTHY RAY BAKER,
11
Plaintiff,
12
13
v.
No. 2:15-cv-0248 TLN AC P
ORDER
J. MACOMBER, et al.,
14
Defendants.
15
16
Plaintiff is a state prisoner currently incarcerated at Salinas Valley State Prison under the
17
authority of the California Department of Corrections and Rehabilitation (CDCR). Plaintiff
18
proceeds pro se with his original complaint alleging the violation of his civil rights by sole
19
defendant California State Prison Sacramento (CSP-SAC) Correctional Officer J. McCowan.
20
Plaintiff pursues claims of excessive force and deliberate indifference to plaintiff’s serious
21
medical needs.
22
This case is scheduled for trial before District Judge Troy L. Nunley, commencing May
23
20, 2019, at 9:00 a.m. See ECF No. 105. A writ ad testificandum has issued to obtain
24
plaintiff’s presence at trial. See ECF No. 112.
25
The purpose of this order is two-fold. First, plaintiff must file and serve his own separate
26
pretrial statement. Although the undersigned encouraged the assistance of plaintiff’s formerly
27
appointed counsel, as well as defense counsel, to work with plaintiff in the preparation of a joint
28
pretrial statement, see ECF Nos. 113, 115, neither attorney did so, see e.g. ECF No. 116 at 1 n.1.
1
1
Defense counsel has now filed and served a separate pretrial statement on behalf of defendant
2
McCowan. See ECF No. 116. Therefore, plaintiff will be directed to file and serve his own
3
pretrial statement on or before Monday, April 1, 2019; no extensions of time will be permitted.
4
Plaintiff’s pretrial statement shall address each of the matters set forth in Local Rule 281(b); to
5
the extent that plaintiff agrees with the contents of defendant’s separate pretrial statement, he may
6
simply say so. No exhibits shall be submitted at this time.
7
Second, plaintiff again requests the appointment of counsel to represent him at trial. ECF
8
No. 117. For the reasons previously stated by the court, see ECF No. 115, plaintiff’s request will
9
again be denied without prejudice.
10
Accordingly, IT IS HEREBY ORDERED that:
11
1. Plaintiff shall file and serve his separate pretrial statement on or before Monday, April
12
13
1, 2019; no extension of times of time will be permitted.
2. Plaintiff’s request for appointment of counsel, ECF No. 117, is denied without
14
prejudice.
15
DATED: March 12, 2019
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?