Bealer v. Warden of K.V.S.P. et al

Filing 262

ORDER Denying Plaintiff's 261 Request for Mail Box Rule Evidence signed by Magistrate Judge Erica P. Grosjean on 05/10/2018. (Flores, E)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 ANTWOINE BEALER, 9 10 11 12 Plaintiff, v. CORRECTIONAL OFFICER S. RIOS and SERGEANT R. BRANNUM, 15 ORDER DENYING PLAINTIFF’S REQUEST FOR MAIL BOX RULE EVIDENCE (ECF NO. 261) Defendants. 13 14 Case No. 1:12-cv-01516-DAD-EPG (PC) Antwoine Bealer (“Plaintiff”) is a state prisoner who appeared pro se and was granted in forma pauperis status in this civil rights action, which he filed pursuant to 42 U.S.C. § 1983. 16 On May 9, 2018, Plaintiff filed a request for mail box rule evidence. (ECF No. 261). In 17 order to show when he mailed his pretrial statement to the Court, Plaintiff requests a copy of 18 the envelope that he used to mail his pretrial statement to the Court. 19 Plaintiff’s request will be denied because the Court does not have a copy of the 20 envelope (the Court generally does not keep envelopes, or copies of envelopes, used to mail 21 documents to the Court). 22 23 Accordingly, IT IS ORDERED that Plaintiff’s request for mail box rule evidence is DENIED. 24 25 26 IT IS SO ORDERED. Dated: May 10, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 27 28 1

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