Opinion
CASE NO. 1:10-cv-00754-LJO-BAM PC
11-14-2012
LAMONT SHEPARD, Plaintiff, v. BASS, et al., Defendants.
ORDER REQUIRING DEFENDANT BASS TO
NOTIFY COURT REGARDING STIPULATION
FIFTEEN DAY DEADLINE
This action is proceeding on Plaintiff's complaint, filed April 30, 2010, against Defendant Bass for excessive force in violation of the Eighth Amendment, and is currently set for jury trial before the Honorable Lawrence J. O'Neill on December 11, 2012.
Under section 1983, Plaintiff is required to prove that the defendant (1) acted under color of state law and (2) deprived him of rights secured by the Eighth Amendment of the United States Constitution. Long v. County of Los Angeles, 442 F.3d 1178, 1185 (9th Cir. 2006). Generally, the issue of whether the defendant was acting under color of law is not in dispute in prisoner cases. Accordingly, within fifteen days from the date of service of this order, Defendant shall notify the Court if he will stipulate that he was acting under color of state law at the time of the incident at issue in this action.
IT IS SO ORDERED.
Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE