Cejas v. Myers, et al.

Filing 141

ORDER REGARDING Plaintiff's 140 Objections to Defendants' Request to Supplement Motion signed by Magistrate Judge Dennis L. Beck on 1/26/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANDREW A. CEJAS,

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Plaintiff,
v.
MYERS, et al.,

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Case No. 1:12-cv-00271-AWI-DLB PC
ORDER REGARDING PLAINTIFF’S
OBJECTIONS TO DEFENDANTS’ REQUEST
TO SUPPLEMENT MOTION
(Document 140)

Defendants.

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Plaintiff Andrew A. Cejas (“Plaintiff”) is a California state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on

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Plaintiff’s Third Amended Complaint for violation of the First Amendment against numerous

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Defendants.

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Defendants’ January 11, 2016, motion for summary judgment is pending.

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On January 15, 2016, the Court granted Defendants’ January 14, 2016, request to supplement

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their motion for summary judgment with the declaration of the custodian of records.
On January 25, 2016, the Court received “objections” from Plaintiff. Plaintiff argues that

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Defendants should not be permitted to supplement the record with additional evidence after the

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January 11, 2016, dispositive motion deadline. Plaintiff contends that this is a violation of his due

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process rights.

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Defendants supplemented the record to add the declaration of the custodian of records. This

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document, which Defendants were in the process of obtaining when they filed their motion for

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summary judgment, has nothing to do with the underlying merits of Plaintiff’s action. Rather, the

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declaration will assist the parties in evaluating the authenticity of certain prison records.

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Plaintiff has not been prejudiced in any way and his objections are DISREGARDED.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

January 26, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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