McCullough v. Fresno Police Department

Filing 15

ORDER DENYING 11 13 Miscellaneous Motions signed by Magistrate Judge Michael J. Seng on 5/28/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAWN McCULLOUGH,

CASE NO.

1:10-cv-2295-AWI-MJS

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ORDER DENYING
MOTIONS

Plaintiffs,

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MISCELLANEOUS

(ECF Nos. 11 & 13)
v.

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FRESNO POLICE DEPARTMENT,
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Defendant.

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/

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Plaintiff Dawn McCullough (“Plaintiff”) initiated this action by filing a pro se

21 Complaint on December 20, 2010, and is proceeding in forma pauperis. (ECF No. 1.)
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No other parties have appeared in this action.

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The Court screened Plaintiff’s initial Complaint on March 25, 2011, and dismissed

24 it with leave to amend. (ECF No. 6.) Plaintiff filed a First Amended Complaint on May 2,
25 2011.

(ECF No. 7.)

The Court screened Plaintiff’s First Amended Complaint and

26 submitted Findings and Recommendations (“F&R”) holding that Plaintiff had stated one
27 cognizable claim, but recommending dismissal of other claims and Defendants. (ECF No.
28 10.) This F&R is still pending review and action by the District Judge. The Court granted
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1 Plaintiff’s request to file an extension of time to file objections to the F&R (ECF Nos. 12
2 & 14.
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On May 14, 2012, Plaintiff filed two motions. In the first, she asks that she be

4 allowed to submit a declaration from a deceased eyewitness. (ECF No. 11.) In the second
5 motion, Plaintiff asks that she be allowed to submit medical records from around the time
6 of the underlying incidentt. (ECF No. 13.)
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The Court has not yet authorized Plaintiff’s Complaint to be served. No opposing

8 parties have appeared in this action. Nothing is pending which calls for deposit or
9 presentation of evidence. No party may file evidence with the Court until the course of
10 litigation brings the evidence into question (for example, on a motion for summary
11 judgment, at trial, or when requested by the Court). The Court will not serve as a
12 repository for the parties' evidence (i.e., medical records, declarations, etc.).
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Accordingly, Plaintiff’s motions to submit various documents to the Court are

14 DENIED. (The documents will be returned to Plaintiff.)
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18 Dated:
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IT IS SO ORDERED.
May 28, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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