Burton v. Foulk et al

Filing 49

ORDER signed by Magistrate Judge Deborah Barnes on 10/29/19 DENYING 47 Motion in Limine and DENYING 48 Motion for writ of habeas corpus ad testificandum. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HARRISON BURTON,

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No. 2:13-cv-2123 JAM DB P

Plaintiff,

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v.

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F. FOULK, et al.,

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ORDER

Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil

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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to this court

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 21, 2019, plaintiff filed a motion in limine to exclude evidence that is

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“impermissibly inflammatory” at trial. (ECF No. 47). At the same time, he also filed a motion

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for writ of habeas corpus ad testificandum to permit certain inmate witnesses to testify at trial on

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his behalf. (ECF No. 48).
Currently pending in this matter is a ruling on the undersigned’s September 25, 2019,

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findings and recommendations on defendants’ motion for summary judgment. (See ECF Nos. 33,

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44). As a result, it has yet to be determined whether this case will be dismissed. Consequently,

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these pre-trial motions are premature.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion in limine, filed October 21, 2019 (ECF No. 47), is DENIED as

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premature, and
2. Plaintiff’s motion for writ of habeas corpus ad testificandum, filed October 21, 2019

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(ECF No. 48), is also DENIED as premature.

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Dated: October 29, 2019

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DLB:13
DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/burt2123.mil.whcat.den

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