Elawyers Elawyers
Ohio| Change

McNEAL v. FLEMING, 2:02-cv-2524 TLN CKD P. (2014)

Court: District Court, E.D. California Number: infdco20141028k67 Visitors: 12
Filed: Oct. 27, 2014
Latest Update: Oct. 27, 2014
Summary: ORDER CAROLYN K. DELANEY, Magistrate Judge. Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. 1983. This matter is scheduled for re-trial on January 12, 2015 before Judge Nunley. On September 2, 2014, plaintiff filed a motion asking that the court order defendants to turn over to plaintiff a copy of the script which was used by correctional officers interviewing prisoners following the use of force by a correctional officer in
More

ORDER

CAROLYN K. DELANEY, Magistrate Judge.

Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. This matter is scheduled for re-trial on January 12, 2015 before Judge Nunley.

On September 2, 2014, plaintiff filed a motion asking that the court order defendants to turn over to plaintiff a copy of the script which was used by correctional officers interviewing prisoners following the use of force by a correctional officer in 2001. Because plaintiff fails to show that this is relevant to any issue which will be presented at trial, plaintiff's motion will be denied.

Also, plaintiff asks that the court "authenticate" exhibit A attached to defendants' opposition to plaintiff's motion to compel. This is not a proper request as the court does not "authenticate" exhibits. If plaintiff has concerns regarding the authenticity of an exhibit provided by defendants as it pertains to the admissibility of the exhibit at trial, plaintiff should address his concerns to counsel for defendants.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion to compel (ECF No. 280) is denied; and

2. Plaintiff's "request for authentication" (ECF No. 288) is denied.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer