O'Connell v. Kern Valley State Prison et al

Filing 13

ORDER Denying Plaintiff's Motion To Include Exhibit (ECF No. 12 ), signed by Magistrate Judge Barbara A. McAuliffe on 5/1/2012. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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KEVIN P. O’CONNELL,

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CASE NO. 1:11-cv–02163-BAM PC

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
TO INCLUDE EXHIBIT

v.
(ECF No. 12)

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KERN VALLEY STATE PRISON, et al.,

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Defendants.
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Plaintiff Kevin P. O’Connell is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint in this action on

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December 30, 2011. On April 27, 2012, Plaintiff filed a motion to include exhibits with his

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complaint. (ECF No. 12.)

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Any exhibits attached to the complaint must be incorporated by reference. Fed. R. Civ. Pro.

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10(c). Thus, any exhibits attached to the complaint must be specifically referenced. For example,

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Plaintiff must state “see Exhibit A” or something similar in order to direct the Court to the specific

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exhibit Plaintiff is referencing. Further, if the exhibit consists of more than one page, Plaintiff must

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reference the specific page of the exhibit (i.e. “See Exhibit A, page 3”). Plaintiff’s complaint fails

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to reference any exhibits and the Court will not wade through exhibits to determine whether

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cognizable claims are, or might be able to be stated.

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For screening purposes, the Court must assume that Plaintiff’s factual allegations are true.

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Therefore, it is generally unnecessary for Plaintiff to submit exhibits in support of the allegations in

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a complaint.
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Accordingly, Plaintiff’s motion to attach exhibits to the complaint, filed April 27, 2012, is
HEREBY DENIED.
IT IS SO ORDERED.
Dated:
cm411

May 1, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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