Miller v. Rufion, et al

Filing 142

ORDER Denying Without Prejudice Motion To Suppress, signed by Judge Barry T. Moskowitz on 6/15/2011. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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GERALD LEE MILLER, JR.,

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Case No. 08cv1233 BTM(WMC)
Plaintiff,

ORDER DENYING WITHOUT
PREJUDICE MOTION TO
SUPPRESS

v.
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O. RUFINO, et al.,
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Defendants.
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Plaintiff has filed a motion to preclude use of his deposition transcript at trial and on
appeal on the ground that requested corrections were not made to the transcript. After the
filing of Plaintiff’s motion, Judge McCurine ordered that Defendants direct the deposition
officer to make all of the changes requested by Plaintiff on his errata sheet and thereafter
provide certification that the proposed changes were executed correctly. In light of Judge
McCurine’s order, Plaintiff’s motion is DENIED WITHOUT PREJUDICE. If Plaintiff still has
concerns regarding the accuracy of his deposition transcript at the time of the pretrial
conference, Plaintiff may renew his motion at that time.
IT IS SO ORDERED.

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DATED: June 15, 2011

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Honorable Barry Ted Moskowitz
United States District Judge

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08cv1233 BTM(WMc)