Nible v. Knowles, et al.

Filing 89

ORDER Granting Plaintiff's 86 Motion to Modify Pretrial Order signed by Magistrate Judge Barbara A. McAuliffe on 03/01/2012. (Flores, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
WILLIAM NIBLE,

CASE NO. 1:06-cv-01716-BAM PC

11
Plaintiff,

ORDER GRANTING PLAINTIFF’S MOTION
TO MODIFY PRETRIAL ORDER (DOC. 86)

12
v.
13
E. FLORES, et al.,
14
15

Defendants.
/

16
17

Plaintiff William Nible (“Plaintiff”) is a California state prisoner proceeding pro se and in

18

forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This case is proceeding on

19

Plaintiff’s second amended complaint, filed July 21, 2009, against Defendant E. Flores for violation

20

of the First Amendment. On February 29, 2012, Plaintiff filed a motion to modify the Court’s

21

February 13, 2012 Pretrial Order.

22

Plaintiff contends that 1) Millie Hickman should be included on Plaintiff’s witness list and

23

2) Plaintiff’s exhibit, barristerbooks.com 1983 Litigation in a Nut Shell, order #058-4668727-

24

0442946, and June 9, 2006, order # S0-80126, book by Judge Bork, should be included on Plaintiff’s

25

exhibit list.

26

Pursuant to Rule 16(e) of the Federal Rules of Civil Procedure, the final pretrial order may

27

be modified by the Court to prevent manifest injustice. Galdamez v. Potter, 415 F.3d 1015, 1020

28

(9th Cir. 2005). The Court finds cause to modify the pretrial order.
1

1

Accordingly, it is HEREBY ORDERED that:

2

1.

3
4

Millie Hickman is included on Plaintiff’s witness list in the February 13, 2012
Pretrial Order at Section VII, subsection A;

2.

barristerbooks.com 1983 Litigation in a Nut Shell, order #058-4668727-0442946,

5

and June 9, 2006, order # S0-80126, book by Judge Bork are included as exhibits on

6

Plaintiff’s exhibit list at Section VIII, subsection A; and

7
8
9

3.

All other provisions of the Pretrial Order remain in effect.

IT IS SO ORDERED.
Dated:
10c20k

March 1, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2