McNeal v. Fleming, et al

Filing 289

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/27/14 denying 280 Motion to Compel. Plaintiff's request for authentication 288 is denied. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VERNON WAYNE MCNEAL,

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No. 2:02-cv-2524 TLN CKD P

Plaintiff,

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v.

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FLEMING, et al.,

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ORDER

Defendants.

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Plaintiff is a California prisoner proceeding pro se with an action for violation of civil

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rights under 42 U.S.C. § 1983. This matter is scheduled for re-trial on January 12, 2015 before

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Judge Nunley.
On September 2, 2014, plaintiff filed a motion asking that the court order defendants to

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turn over to plaintiff a copy of the script which was used by correctional officers interviewing

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prisoners following the use of force by a correctional officer in 2001. Because plaintiff fails to

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show that this is relevant to any issue which will be presented at trial, plaintiff’s motion will be

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denied.
Also, plaintiff asks that the court “authenticate” exhibit A attached to defendants’

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opposition to plaintiff’s motion to compel. This is not a proper request as the court does not

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“authenticate” exhibits. If plaintiff has concerns regarding the authenticity of an exhibit provided

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by defendants as it pertains to the admissibility of the exhibit at trial, plaintiff should address his

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concerns to counsel for defendants.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to compel (ECF No. 280) is denied; and

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2. Plaintiff’s “request for authentication” (ECF No. 288) is denied.

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Dated: October 27, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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mcne2524.mtc(2)

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