Fraher v. Heyne et al

Filing 49

ORDER Denying 40 Motion to Submit Documents and Directing Return of the Documents to Plaintiff signed by Magistrate Judge Michael J. Seng on 05/29/2013. (Flores, E)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 CECILIA FRAHER, Plaintiff, 7 ORDER DENYING MOTION TO SUBMIT DOCUMENTS AND DIRECTING RETURN OF THE DOCUMENTS TO PLAINTIFF v. 8 9 CASE NO. 1:10-cv-0951-LJO-MJS PC DR. S. HEYNE, et al., (ECF No. 40) Defendants. 10 / 11 12 13 Plaintiff Cecilia Fraher (“Plaintiff”), a state prisoner proceeding pro se and in forma 14 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on May 27, 2010. On 15 February 11, 2013, Plaintiff filed a motion to submit documents Defendants had requested 16 of her during her deposition. (ECF No. 40.) 17 The Court does not involve itself in the ordinary course of discovery. In addition, the 18 Court does not serve as a repository for the parties' evidence (i.e., prison or medical 19 records, affidavits, etc.). The parties may not file evidence with the Court until the course 20 of litigation brings the evidence into question (for example, on a motion for summary 21 judgment, at trial, or when requested by the Court). 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 1 Accordingly, Plaintiff’s motion to submit documents to Defendants is DENIED. (ECF 2 No. 40.) The documents filed with this motion will be returned to Plaintiff for her service 3 of them directly on Defendants. 4 IT IS SO ORDERED. 5 Dated: il0i0d May 29, 2013 Michael J. Seng /s/ UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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