Fahie v. Tyson et al

Filing 104

ORDER DENYING Plaintiff's 89 Motion in Limine signed by Magistrate Judge Gary S. Austin on 4/13/2009. (Figueroa, O)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 6i0kij 28 1 IT IS SO ORDERED. Dated: Plaintiff Antonio Fahie is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter is set for jury trial on May 18, 2009, on Plaintiff's claim that Defendant N. Correa used excessive force against him, in violation of the Eighth Amendment of the United States Constitution. Pending before the Court is a motion in limine filed by Plaintiff on February 20, 2009. Plaintiff seeks to exclude a Health Care Services Request Form, Chronological Interdisciplinary Progress Notes, and a declaration because discovery is closed. (Def. Trial Exs. H, F, and I.) The close of discovery is not a ground to preclude this evidence at trial, and Plaintiff's motion is HEREBY DENIED. v. (Doc. 89) N. CORREA, Defendant. / ANTONIO FAHIE, Plaintiff, CASE NO. 1:06-cv-01132-GSA PC ORDER DENYING PLAINTIFF'S MOTION IN LIMINE

UNITED STATES DISTRICT COURT

April 13, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE