Jean-Baptiste v. Gutierrez

Filing 66

REPORT THAT CASE IS READY FOR TRIAL. Recommending that this case be placed on the trial calendar for t he District Judge. Objections to R&R due by 3/9/2009. Signed by Magistrate Judge Patrick A. White on 2/20/2009. (tw)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA ERLIS JEAN-BAPTISTE, Plaintiff, v. JOSE GUTIERREZ, : : : : REPORT THAT CASE IS READY FOR TRIAL CASE NO. 07-21728-Civ-GOLD MAGISTRATE P. A. WHITE

Defendant. : _________________________ In this pro se civil rights action pursuant to 42 U.S.C. §1983, a separate Report has been entered this date, recommending, for reasons stated therein, that the defendant Gutierrez's Motion for Summary Judgment (DE#37) be denied, and that the case proceed on the plaintiff Jean-Baptiste's claim that he was subjected to the use of excessive force, when, during the course of his arrest on July 24, 2003, Gutierrez shot him multiple times. In conjunction with this Report, an Order is also being entered with instructions requiring the plaintiff to file an amended pretrial statement, as he was previously directed to do, and instructing the defendant thereafter to file his pretrial statement. The case is otherwise now at issue; and the parties have not consented to trial before a Magistrate Judge pursuant to 28 U.S.C. §636(c). It is therefore respectfully recommended that this case be placed on the trial calendar of the District Judge. Dated: February 20th, 2009. ______________________________ UNITED STATES MAGISTRATE JUDGE cc: The Honorable Alan S. Gold, United States District Judge Erlis Jean-Baptiste, Pro Se a/k/a Erlis Baptiste-Jean DC# 192393 Dade Correctional Institution 19000 S.W. 377th Street Florida City, FL 33034-6499 Michael Brian Nadler, Esquire Wilfredo Antonio Ferrer, Esquire Miami-Dade County Attorney's Office 111 N.W. 1st Street, Suite 2810 Miami, FL 33128-1993