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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TOMOTHY RAY BAKER,

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Plaintiff,

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v.

No. 2:15-cv-0248 TLN AC P

ORDER

J. MACOMBER, et al.,

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Defendants.

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Plaintiff is a state prisoner currently incarcerated at Salinas Valley State Prison under the

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authority of the California Department of Corrections and Rehabilitation (CDCR). Plaintiff

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proceeds pro se with his original complaint alleging the violation of his civil rights by sole

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defendant California State Prison Sacramento (CSP-SAC) Correctional Officer J. McCowan.

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Plaintiff pursues claims of excessive force and deliberate indifference to plaintiff’s serious

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medical needs.

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This case is scheduled for trial before District Judge Troy L. Nunley, commencing May

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20, 2019, at 9:00 a.m. See ECF No. 105. A writ ad testificandum has issued to obtain

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plaintiff’s presence at trial. See ECF No. 112.

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The purpose of this order is two-fold. First, plaintiff must file and serve his own separate

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pretrial statement. Although the undersigned encouraged the assistance of plaintiff’s formerly

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appointed counsel, as well as defense counsel, to work with plaintiff in the preparation of a joint

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pretrial statement, see ECF Nos. 113, 115, neither attorney did so, see e.g. ECF No. 116 at 1 n.1.
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Defense counsel has now filed and served a separate pretrial statement on behalf of defendant

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McCowan. See ECF No. 116. Therefore, plaintiff will be directed to file and serve his own

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pretrial statement on or before Monday, April 1, 2019; no extensions of time will be permitted.

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Plaintiff’s pretrial statement shall address each of the matters set forth in Local Rule 281(b); to

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the extent that plaintiff agrees with the contents of defendant’s separate pretrial statement, he may

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simply say so. No exhibits shall be submitted at this time.

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Second, plaintiff again requests the appointment of counsel to represent him at trial. ECF

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No. 117. For the reasons previously stated by the court, see ECF No. 115, plaintiff’s request will

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again be denied without prejudice.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff shall file and serve his separate pretrial statement on or before Monday, April

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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

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prejudice.

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DATED: March 12, 2019

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