Nieves
(PC) Calloway v. Nieves
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMISI JERMAINE CALLOWAY, No. 2:19-cv-1792-DJC-CKD P Plaintiff, v. ORDER D. NIEVES, Defendant. 16 Plaintiff is a state prisoner proceeding in forma pauperis and without counsel in this civil rights action brought under 42 U.S.C. § 1983. This case proceeds on plaintiff’s Eighth Amendment excessive force claim against defendant Nieves alleging use of a metal baton against plaintiff on November 19, 2015. (ECF No. 119.) Presently before the court is defendant’s motion to substitute Dr. Khan for Dr. Milton as defendant’s non-retained mental health expert for trial in defendant’s pretrial statement. (ECF No. 154.) Defendant has attached a copy of the proposed amended pretrial statement. (ECF No. 154 at 6-22.) Pursuant to the further scheduling order filed on January 21, 2025, all parties were to serve their expert disclosures within 90 days from the date of the order, or by April 21, 2025. (ECF No. 147 at 5.) The deadline for…