Meredith v. Overley et al

Filing 74

ORDER (1) DENYING Plaintiff's 57 Motion to Subpoena Witnesses and (2) DENYING Plaintiff's 58 Motion to Submit Evidence, signed by Magistrate Judge Michael J. Seng on 1/6/15. (Marrujo, C)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12

DWAYNE MEREDITH,
Plaintiff,

13
v.

14
15

D. OVERLY, et al.,
Defendants.

16

Case No. 1:12-cv-0455-LJO-MJS (PC)
ORDER:
(1) DENYING PLAINTIFF’S MOTION TO
SUBPOENA WITNESSES (ECF No. 57);
AND
(2) DENYING PLAINTIFF’S MOTION TO
SUBMIT EVIDENCE (ECF No. 58)

17
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

18
19
20
21

rights action brought pursuant to 28 U.S.C. § 1983. (ECF Nos. 5 & 8.) The action
proceeds against Defendants Benevidez, Gamboa, and Overley on Plaintiff’s Eighth
Amendment conditions of confinement claim. (ECF No. 9.)
Before the Court are Plaintiff’s June 9, 2014 motion to subpoena witnesses (ECF

22
23
24

No. 57) and motion to submit evidence (ECF No. 58).
I.

Plaintiff has moved to identify the witnesses he intends to call at trial. (ECF No.

25
26
27
28

MOTION TO SUBPOENA WITNESSES

57.)
Trial in this case is not yet scheduled. The Court soon will issue a second
scheduling order that sets a trial date and advises Plaintiff of the procedures for

1 obtaining the attendance of witnesses at trial. Plaintiff’s motion to subpoena witnesses
2 will be denied without prejudice to Plaintiff bringing a motion in conformance with the
3 requirements set out in the second scheduling order.
4 II.

MOTION TO SUBMIT EVIDENCE

5

Plaintiff seeks to introduce additional evidence to support his complaint. (ECF

6 No. 58.)
Plaintiff is advised that the court cannot serve as a repository for the parties'

7

8 evidence (i.e., prison or medical records, affidavits, etc.). The parties may not file
9 evidence with the court until the course of litigation brings the evidence into question
10 (for example, on a motion for summary judgment, at trial, or when requested by the
11 court). Presently, no motions for summary judgment are before the Court, and no trial
12 date has been set. Therefore, Plaintiff’s motion to submit evidence will be denied.
13 III.

ORDER

14

Based on the foregoing, it is HEREBY ORDERED that:
1. Plaintiff’s motion to subpoena witnesses (ECF No. 57) is DENIED without

15

prejudice; and

16

2. Plaintiff’s motion to submit evidence (ECF No. 58) is DENIED.

17
18
19
20

IT IS SO ORDERED.
Dated:

January 6, 2015

/s/

21

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

22
23
24
25
26
27
28
2