Daly v. Wiley et al

Filing 79

ORDER denying without prejudice 74 Plaintiff's Motion in Limine and 77 Plaintiff's Request That Court, on its Own Motion, Call Witnesses to Attend Trial, by Magistrate Judge Boyd N. Boland on 8/19/09.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 08-cv-00411-PAB-BNB JAMES SCOTT DALY, Plaintiff, v. R. WILEY, Warden, BAUER, Captain, Health Services Administrator, and S. NAFZIGER, M.D., Clinical Director, Defendants. ______________________________________________________________________________ ORDER _____________________________________________________________________________ This matter arises on the following motions (the "Motions") filed by the plaintiff: 1. Motion in Limine [Doc. #74, filed 08/13/2009], and 2. Request That Court, on its Own Motion, Call Witnesses to Attend Trial [Doc. #77, filed 08/17/2009]. The plaintiff requests that the court exclude evidence at trial regarding his prior criminal history. He further requests that the court subpoena several witnesses for trial. The Motions are premature. Cross-motions for summary judgment are pending, and the case has not yet been set for trial. If the case survives summary judgment, the plaintiff may reassert his Motions after the trial date is set. IT IS ORDERED that the Motions are DENIED WITHOUT PREJUDICE.

Dated August 19, 2009. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

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