Fletcher v. Houston et al

Filing 130

ORDER - THEREFORE, IT IS ORDERED THAT defendant's motion in limine, Filing No. 119 , is granted. Ordered by Senior Judge Joseph F. Bataillon. (TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BARRY W. FLETCHER, SR.,
Plaintiff,

4:12CV3179

v.
ORDER
CATHIE PETERS,
Defendant.

This matter is before the court on defendant Cathie Peters’ motion in limine, Filing No.
119, pursuant to Fed. R. Evid. 401, 402 and 403. This is an action for a violation of First and
Fourteenth Amendments rights under 42 U.S.C. § 1983, for wrongful withholding of mail.
Defendant asks this court to exclude from the evidence the fact that her proposed witness,
Derek Arnst, was apparently terminated from his employment at Tecumseh State Correctional
Institution with the Nebraska Department of Correctional Services. Defendant contends that this
evidence is irrelevant, prejudicial, confusing, waste of time, and undue delay of courtroom
proceedings. The court notes that defendant failed to file a brief in support. However, the
plaintiff did not respond or object to this motion.
The court reviewed the record and finds that this evidence does not appear to be
relevant to the case at hand. The plaintiff offered no additional information that would indicate
otherwise. Accordingly, the court will grant the motion in limine.
THEREFORE, IT IS ORDERED THAT defendant’s motion in limine, Filing No. 119, is
granted.
Dated this 4th day of August, 2016.
BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge