Lehil

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRANDON MICHAEL LANDRETH, No. 2:20-CV-0472-KJM-DMC-P Plaintiff, v. ORDER BHUPINDER LEHIL, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion, ECF No. 113, seeking an order “to exclude affirmative defenses and evidence related to said defense” and appointing counsel. Plaintiff challenges two specific affirmative defenses raised in Defendant Ottenbacher’s answer filed on April 7, 2023, ECF No. 109. Specifically, Plaintiff challenges affirmative defense no. 3, in which Defendant Ottenbacher claims that Plaintiff’s own conduct contributed to his damages, and affirmative defense no. 4, in which Defendant Ottenbacher claims that Plaintiff failed to mitigate his damages. According to Plaintiff, the evidence necessary to establish these defenses, such as evidence of his mental status or failure to…