Thomas v. Garcia et al

Filing 211

ORDER granting 207 Renewed Motion to include an exhibit in the trial exhibits signed by Magistrate Judge Jennifer L. Thurston on 7/19/2013. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEAN-PIERRE K. THOMAS,

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Plaintiff,
v.
M. GARCIA, et al.,
Defendants.

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Case No.: 1:08-cv-0689 – JLT (PC)
ORDER GRANTING PLAINTIFF’S RENEWED
MOTION TO INCLUDE AN EXHIBIT IN THE
TRIAL EXHIBITS
(Doc. 207)

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Plaintiff Jean-Pierre K. Thomas (“Plaintiff”) is a state prisoner proceeding pro se in a civil

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rights action pursuant to 42 U.S.C. § 1983. Before the Court is Plaintiff’s renewed motion to include

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the June 4, 2012, medical note from Dr. Shaw as an exhibit at trial. (Doc. 207). The Court previously

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denied Plaintiff’s request to include this exhibit under the presumption that the document would be

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included in Plaintiff’s medical file produced by the Defendants. (Doc. 182 at 2 n. 1). However,

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Plaintiff reports that this document was not included in his medical file provided by the Defendants.

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(Doc. 207 at 2).

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On the other hand, on July 17, 2013, the Court ordered the exclusion of the notes of the two

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ophthalmology visits as contained in Exhibit 11. (Doc. 204 at 14). Specifically, Plaintiff failed to

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designate a medical expert on the topic and any information regarding the observations of the doctor

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would be hearsay. Id. Similarly, the proposed exhibit contains the notes of a visit with Dr. Shaw.

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(Doc. 207 at 5). Thus, it is not likely the document will be admitted. In any event, the Court

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GRANTS Plaintiff’s request to add the document as an exhibit.

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IT IS SO ORDERED.
Dated:

July 19, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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