Winters v. Hubbard et al

Filing 26

ORDER Striking Documents From Record (Docs. 19 , 22 , 24 , 25 ), signed by Magistrate Judge Dennis L. Beck on 4/3/2009. (Scrivner, E)

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UNITED STATES DISTRICT COURT

WINTERS, Plaintiff, v.

CASE NO. 1:08-cv-01681 LJO DLB PC ORDER STRIKING DOCUMENTS FROM RECORD (Docs. 19, 22, 24, 25)

HUBBARD, et al., Defendants. /

Plaintiff Robert Anthony Winters ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on November 4, 2008. On March 23, 2009, Plaintiff filed a second amended complaint.1 (Doc. 20). On March 26, 2009, Plaintiff filed a declaration titled "Declaration of Armando Ortiz In In [sic] Support of §1983 Amended Complaint of Robert Anthony Winters" (Doc. 19). On March 27, 2009, Plaintiff filed a document titled "Declaration of Domingo Gonzales". (Doc. 22). Finally, on March 30, 2009, Plaintiff filed his own declaration as well as a second declaration from Domingo Gonzales (Docs. 24-25). The court cannot serve as a repository for the parties' evidence. The parties may not file evidence with the court until the course of litigation brings the evidence into question. ///

Plaintiff's second amended complaint was screened by order issued separately. 28 U.S.C. § 1915A(a).

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Because no evidence is required at this stage in the proceeding, all four declarations are HEREBY ORDERED STRICKEN from the record. Any further attempts to improperly submit evidence will be returned without filing.

IT IS SO ORDERED. Dated:

April 3, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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