Davis v. Johnson et al

Filing 76

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/8/2020 DENYING without prejudice plaintiff's 73 motion in limine and DENYING plaintiff's 74 motion to compel. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNIS DAVIS,

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Plaintiff,

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No. 2:17-cv-0544 JAM CKD P

v.

ORDER

B. JOHNSON, et al.,

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Defendants.

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Plaintiff, a California prisoner proceeding pro se, has filed a motion in limine concerning

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evidence defendant Gallegos may seek to introduce at trial. Because motions in limine will be

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decided by the district court judge assigned to this case at commencement of trial, and because a

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trial date has not yet been set, plaintiff’s motion’s will be denied without prejudice to refiling no

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earlier than 60 days before trial.
Plaintiff has also filed a motion to compel asking that defendant Gallegos be ordered to

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provide plaintiff with certain documents. Discovery is closed and plaintiff does not show cause

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for re-opening discovery nor provide any legitimate reason as to why he did not seek the

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documents during the discovery period.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s June 4, 2020 motion in limine is denied without prejudice to refiling no

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earlier than 60 days before trial; and
2. Plaintiff’s June 4, 2020 motion to compel is denied.
Dated: June 8, 2020

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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davi0544.mil

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