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Maximilian Monclova-Chavez v. Eric Mceachern

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 27, 2012

MAXIMILIAN MONCLOVA-CHAVEZ,
PLAINTIFF,
v.
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.


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