(PC) Blackwell v. Jenkins ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY KARL BLACKWELL, No. 2:19-cv-00442 TLN DB P 12 Plaintiff, 13 v. ORDER 14 A. JENKINS, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding in forma pauperis with a civil rights action pursuant 18 to 42 U.S.C. § 1983. Plaintiff alleges defendant violated his Eighth and First Amendment rights. 19 Presently before the court is plaintiff’s motion to exclude plaintiff’s arrest and conviction record 20 from trial. (ECF No. 75.) For the reasons stated below, this motion will be denied as premature. 21 Plaintiff has also filed a notice of failure to comply with court order that will be addressed. (ECF 22 No. 76.) 23 PLAINTIFF’S MOTION TO EXCLUDE 24 On April 25, 2022, plaintiff filed a motion to exclude plaintiff’s arrest and conviction 25 record from trial. (ECF No. 75.) This one-page motion seeks the exclusion of evidence at trial. 26 The limitation or exclusion of evidence at trial is dealt with by motions in limine. United States 27 v. Heller, 551 F.3d 1108, 1111 (9th Cir. 2009). Motions in limine are motions that are made at 28 the outset of trial. Id. at 1111-12. Plaintiff’s motion is properly considered a motion in limine. 1 As such, this motion (ECF No. 75) is premature as the dispositive motion deadline has not 2 passed, pretrial statements have not been filed, and a trial date has not been set. It will be denied 3 as premature. The court will inform parties when it is time for motions in limine to be filed. 4 PLAINTIFF’S NOTICE OF FAILURE TO COMPLY 5 Plaintiff has also filed a notice which claims that defendants failed to comply with a court 6 order directing defendants “to comply with plaintiff’s motion to compel discovery.” (ECF No. 76 7 at 1.) Plaintiff appears to have misinterpreted the court’s order to show cause which ordered 8 defendants to either file an opposition to plaintiff’s motion to compel or show cause why the 9 failure to oppose should be considered a non-opposition. (ECF No. 73.) The court did not order 10 defendants to “comply” with plaintiff’s motion to compel discovery. (See Id.) Defendants filed 11 an opposition to plaintiff’s motion (ECF No. 74) and the court has since denied plaintiff’s motion 12 to compel (ECF No. 77). While this document appears to only be a notice, to the extent it is 13 intended as a motion, it is denied as moot as plaintiff’s motion to compel has been denied. 14 CONCLUSION 15 In accordance with the above, IT IS HEREBY ORDERED that plaintiff’s motion to 16 exclude plaintiff’s arrest and conviction record from trial (ECF No. 75) is denied without 17 prejudice as premature. 18 DATED: May 12, 2022 19 20 21 22 23 24 25 26 DB:14 DB/DB Prisoner Inbox/Civil Rights/R/blac0442.in.limine 27 28