Spears v. Mississippi County Detention Center et al

Filing 85

ORDER denying 80 Motion to Set Aside Order; granting 82 Motion to Strike. The requests for admissions received by the Defendants on July 16, 2014, need not be answered. 81 Motion is denied as premature. Signed by Magistrate Judge Beth Deere on 7/28/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JAMES LEE SPEARS, JR.
ADC #122695
V.

PLAINTIFF
NO. 3:13CV00250-KGB-BD

MISSISSIPPI COUNTY DETENTION CENTER, et al.

DEFENDANTS

ORDER
Mr. Spears has moved to set aside the court order limiting the number of requests
for admission that he may propound. (Docket entry #80) Defendants have responded to
the motion and have also moved to strike the requests for admissions served on them on
July 16, 2014. (#82)
Mr. Spears’s motion (#80) is DENIED. The Defendants’ motion (#82) is
GRANTED. The requests for admissions received by the Defendants on July 16, 2014,
need not be answered.
Mr. Spears has also filed a motion in limine asking the Court to prohibit the
Defendants from using his criminal background against him at trial. (#81) Mr. Spears
has not provided a basis for the Court to grant this motion. Orders limiting the evidence
presented to a jury are granted only as to matters that are irrelevant or unfairly prejudicial.
It is too early in this lawsuit for the Court to make a determination about the admissibility
of evidence. For that reason, the motion is DENIED as premature.

IT IS SO ORDERED, this 28th day of July, 2014.

___________________________________
UNITED STATES MAGISTRATE JUDGE

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