UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 4, 2013
GARRISON S. JOHNSON,
A. DUNNAHOE, ET AL.,
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTIONS IN LIMINE (Document 203)
Plaintiff Garrison S. Johnson ("Plaintiff") is a California state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This case is proceeding on Plaintiff's complaint, filed on May 8, 2008, against Defendants A. Dunnahoe, V. Ybarra, G. Ybarra, S. Cunningham, K. Powell, R. Curliss, J. Velasquez, B. Medrano, A. Holguin, and J. Gonzales for claims of excessive force, inhumane conditions of confinement, deliberate indifference to a serious medical need, retaliation, and state law claims. This matter is set for jury trial on March 13, 2013.
Pending before the Court are Plaintiff's motions in limine, filed on November 26, 2012. Defendants did not oppose the motions.
A. Plaintiff's Criminal Convictions
Plaintiff seeks to prohibit Defendants from presenting evidence relating to his criminal conviction or record because it is more than 10 years old.
Defendants have indicated that they only wish to state that Plaintiff is serving time for a felony. Plaintiff agrees to this. Accordingly, Plaintiff's motion is GRANTED IN PART.
B. Plaintiff's Prior Prison Disciplinary Reports Plaintiff also moves to exclude prior reports of prison disciplinary reports or prison misbehavior as irrelevant.
While the Court agrees that such reports are likely irrelevant, Defendants have not included any reports in their trial exhibits. The motion is therefore DENIED AS MOOT.
Based on the above, Plaintiff's motions in are GRANTED IN PART and DENIED IN PART AS MOOT.
IT IS SO ORDERED.
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