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CHISLUM v. DEPARTMENT OF CORRECTIONS

United States District Court, D. New Jersey


August 2, 2005.

CLARENCE CHISLUM, Plaintiff,
v.
DEPARTMENT OF CORRECTIONS, et al., Defendants.

The opinion of the court was delivered by: STANLEY CHESLER, Magistrate Judge

ORDER

This matter having come before the Court on Defendants' Motion for Partial Dismissal under Rule 12(b)(2) of the Federal Rules of Civil Procedure, and in Limine under Rules 402, 403 and 801 of the Federal Rules of Evidence [docket # 104]; for the reasons set forth in the Court's Opinion of this date;

IT IS on this 2nd day of August, 2005, hereby

  ORDERED that Defendants Williams, Gredo, Mercer, Ozvart, and Pagon are dismissed from this action without prejudice; and it is

  FURTHER ORDERED that Plaintiff may not introduce testimony or other evidence for the purpose of proving the allegations previously dismissed by Judge Mary L. Cooper, U.S.D.J.; specifically, Plaintiff's claims regarding medical care, conditions of confinement, access to the courts, false disciplinary charge, due process violations against Defendant Ozvart, deprivation of property, 42 U.S.C. ยง 1985(3) conspiracy, as well as state law claims; and it is

  FURTHER ORDERED that Plaintiff may not introduce testimony or evidence against the Defendants regarding any and all alleged assaults on inmates other than himself; and it is

  FURTHER ORDERED that Plaintiff will not be precluded from mentioning the fact that some prospective witnesses for the defense were previously named as Defendants in this matter during cross-examination.

20050802

© 1992-2005 VersusLaw Inc.



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