Brewer v. Buford #495

Filing 39

ORDER: The Court has received two letters from the Plaintiff, dated 5/4/2011 37 . The case is set for a case management conference on 5/16/2011 29 . In the letter 37 the Plaintiff indicates that he may be moved to a state facility. Counsel for th e Defendant is requested to check on this and advise the Court promptly if the Defendant is moved prior to the May 16th hearing. The second page of the letter, which was addressed to Judge Campbell, appears to be more in the nature of a request to b ar testimony by anyone who was not present at the time of the alleged incident. To the extent this is intended as a motion in limine to prevent testimony of an Inmate Matheny, it is DENIED as premature. The case is in the discovery stage. Signed by Magistrate Judge Joe Brown on 5/9/11. (xc:Pro se party by regular and certified mail.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
DANNY LEE BREWER,
Plaintiff
v.
K. BUFORD #495
Defendant

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No. 3:11-0074
Judge Campbell/Brown

O R D E R
The Court has received two letters from the Plaintiff,
dated May 4, 2011 (Docket Entry 37).
This case is set for a case management conference on May
16, 2011 (Docket Entry 29).

In the letter (Docket Entry 37) the

Plaintiff indicates that he may be moved to a state facility.
Counsel for the Defendant is requested to check on this and advise
the Court promptly if the Defendant is moved prior to the May 16th
hearing.
The Plaintiff has asked the Court for legal advice, which
the Court is not able to provide.

The purpose of the case

management conference on May 16th is to set a scheduling order in
this case.

The scheduling order will depend on the particular

facts and circumstances of the case.

This may include allowing a

reasonable time for the Plaintiff to seek counsel.
The second page of the letter, which was addressed to
Judge Campbell, appears to be more in the nature of a request to
bar testimony by anyone who was not present at the time of the

alleged incident.

To the extent this is intended as a motion in

limine to prevent testimony of an Inmate Matheny, it is DENIED as
premature.

The case is in the discovery stage.

Whether a

particular witness will be allowed to testify at trial cannot be
determined at this point.

In litigation it is not unusual for

different witnesses to testify differently about a situation.
Normally the issue of credibility of witnesses is determined by the
trier of fact.
The Plaintiff notes that he did not have envelopes to
forward copies to the Defendant’s attorney.

The Plaintiff is

responsible for sending a copy of all pleadings he files with the
Court to opposing counsel and to provide a certificate of service
that he has done so.

An appropriate certificate of service would

be:
I certify that a copy of the foregoing pleading has been served by
mail upon Edward E. Cope and Thomas S. Santel, Jr., Cope Hudson
Reed & McCreary PLLC, P.O. Box 884, Murfreesboro, TN 37133-0884, on
[insert date you mailed the document].
Sign your name here
Danny Lee Brewer 255889
Rutherford County Adult
Detention Center
940 New Salem Highway
Murfreesboro, TN 37130
[Include the Warden’s telephone
number]
It is so ORDERED.
/s/ Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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