Bruce Thorns v. R. Davis

Good Law
476 F. App'x 683
United States Court of Appeals for the Ninth CircuitJune 1, 201210-55495California361 words

Opinion

Opinion

ORDER

The district court has belatedly received Bruce Thorns’s timely amended notice of appeal in this case. We recall the mandate issued on February 1, 2012. The memorandum disposition filed on January 10, 2012, is withdrawn. A new memorandum disposition will be filed concurrently with this order.

A petition for rehearing, if any, is due within 14 days of the filing date of the new disposition.

MEMORANDUM

Bruce Thorns, a California state prisoner, appeals pro se from the district court’s judgment following a jury trial in his 42 U.S.C. § 1983 action alleging, among other claims, that defendants used excessive force against him. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion a district court’s evi-dentiary rulings. Harper v. City of Los Angeles, 533 F.3d 1010, 1030 (9th Cir.2008). We affirm.

The district court did not abuse its discretion with respect to exhibit RRR where it ordered defendants to redact Thorns’s prior offenses from the exhibit immediately upon Thorns’s objection and before entering the exhibit into evidence. See McEuin v. Crown Equip. Corp., 328 F.3d 1028, 1032 (9th Cir.2003) (“To reverse on the basis of an evidentiary…

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