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David Wayne Wilson v. W.C. Nesbeth

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 8, 2012

DAVID WAYNE WILSON, PLAINTIFF,
v.
W.C. NESBETH, DEFENDANT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. The undersigned issued a Pretrial Order on January 18, 2012, and plaintiff has filed objections and new motions for witnesses and exhibits.*fn1

Plaintiff was previously informed in detail in the Pretrial Order about the deficiencies with his request for approximately 41 incarcerated witnesses to testify at trial. Plaintiff now requests 47 incarcerated witnesses to testify at trial, yet plaintiff has repeated the same arguments that were previously denied. For the same reasons set forth in the Pretrial Order, plaintiff's request for these incarcerated witnesses (Doc. 76) is denied.*fn2

The Pretrial Order reflected that plaintiff intended not to offer any exhibits, as plaintiff did not provide a list of exhibits. Plaintiff has now offered 154 pages of exhibits, however plaintiff has failed to identify the exhibits, instead just annexing them to his motion. Plaintiff need not provide the exhibits at this time, for purposes of the Pretrial Order. Within 14 days, plaintiff must submit a list that simply, briefly describes the exhibit he intends to introduce. For example, plaintiff should state Exhibit 6: Inmate Appeal, dated July 11, 2005, (an appeal number if indicated). Failure to provide an exhibit list will result in plaintiff being prevented from offering exhibits at trial.

The Pretrial Order issued on January 18, 2012, is final except for plaintiff's exhibit list.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion for witnesses (Doc. 76) is denied;

2. Plaintiff's motion for exhibits (Doc. 77) is denied without prejudice, and within 14 days plaintiff must submit a list that simply, briefly describes the exhibit he intends to introduce, as described above. Failure to provide an exhibit list will result in plaintiff being prevented from offering exhibits at trial; and

3. The Pretrial Order issued on January 18, 2012, is final except for plaintiff's exhibit list.


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