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Clarence A. Gipbsin v. Scott Kernan

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


February 27, 2012

CLARENCE A. GIPBSIN, PLAINTIFF,
v.
SCOTT KERNAN, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Plaintiff objects the court's December 20, 2011 pretrial order, on the ground that statements regarding his no-contest plea in a criminal matter should be stricken from the record. Dckt. No. 206. Defendants respond that plaintiff's objection to defendants introducing or mentioning his no-contest plea should be properly raised in a motion in limine, not omitted from the pretrial order. Dckt. No. 207. As defendants point out, the issue of plaintiff's no-contest plea must be contained in the pretrial order in order for them to raise it at trial. Id. (citing Fed. R. Civ. P. 16(d), (e)). Plaintiff's objection is therefore overruled. Plaintiff may object to defendants' use of evidence regarding his no-contest plea through a properly filed in limine motion. The Pretrial Order, which is now final, indicates that evidentiary issues must be addressed by appropriate in limine motions filed not later than twenty-one days before trial. Dckt. No. 204 at 3.

So ordered.

20120227

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