UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
November 27, 2012
ERIC MCEACHERN, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge
ORDER STRIKING MOTIONS
(ECF Nos. 131, 132)
Plaintiff Maximilian Monclova-Chavez ("Plaintiff") is a federal
prisoner proceeding in this civil action pursuant to Bivens v. Six
Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91
S.Ct. 1999 (1971), which provides a remedy for violation of civil
rights by federal actors. This action is proceeding on the complaint,
filed January 15, 2008, against Defendants McEachern,*fn1
Miller, White, and Tincher for excessive force in violation
of the Eighth Amendment.
A telephonic trial confirmation hearing is set in this action for January 7, 2013, at 1:30 p.m. before the Honorable Anthony W. Ishii. At the prior telephonic conference, the parties were informed that the deadlines to file motions in limine would be set at a later date. On November 26, 2012, Plaintiff filed a motion to preclude improper impeachment and character evidence at trial and a motion on admission of prior testimony with limiting instructions. (ECF Nos. 131, 132.) Once the parties file their joint pretrial statement, a pretrial order shall issue establishing the deadlines to file motions in limine and oppositions to the motions in limine. Accordingly, Plaintiff's motions, filed November 26, 2012, are HEREBY STRICKEN FROM THE RECORD.
IT IS SO ORDERED.