Kernan
(PC) McCurdy v. Kernan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
JAMES C. McCURDY, ) Case No.: 1:17-cv-01356-SAB (PC) ) Plaintiff, ) ) ORDER DENYING PLAINTIFF’S OBJECTIONS v. ) TO THE PRETRIAL ORDER
) S. KERNAN, et al., (ECF Nos. 127, 133) ) Defendants. ) ) )
Plaintiff James C. McCurdy is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This case is currently set for jury trial before the undersigned on January 25, 2022. On December 10, 2021, the Court issued the pretrial order. (ECF No. 121.) On December 29, 2021, Plaintiff filed objections to the pretrial order. (ECF No. 127.) On January 6, 2022, Plaintiff filed amended objections to the pretrial order. (ECF No. 133.) Federal Rule of Civil Procedure 16(e) provides that the court may modify a pretrial order “only to prevent manifest injustice.” The Ninth Circuit set out the factors for making this determination: “the…