Baker v. Gipson et al
Filing
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ORDER DENYING 29 Motion to Add Exhibits to First Amended Complaint signed by Magistrate Judge Michael J. Seng on 3/10/2015. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROBERT G. BAKER
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Plaintiff,
v.
CONNIE GIPSON, et al.,
CASE NO. 1:13-cv-01931-MJS (PC)
ORDER DENYING MOTION TO ADD
EXHIBITS
TO
FIRST
AMENDED
COMPLAINT
(ECF No. 29)
Defendants.
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
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rights action brought pursuant to 42 U.S.C. § 1983. (ECF Nos. 7 & 10.) The action
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proceeds against Defendant Kitt on Plaintiff’s Eighth Amendment inadequate medical
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care claim. (ECF No. 11.) Before the Court is Plaintiff’s March 9, 2015 motion to add
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exhibits to his first amended complaint. (ECF No. 29.) Plaintiff does not state the reason
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he wishes to add these documents to his complaint, except that they are “relevant.”
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Plaintiff’s complaint has been screened and served on Defendant. (ECF Nos. 11
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& 14.) Plaintiff’s complaint must be complete in and of itself; the Court cannot add
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exhibits to an already-filed complaint. See Local Rule 220. If Plaintiff wishes to include
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these exhibits, he must amend his complaint. See Fed. R. Civ. P. 15. However, insofar
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as the Court approved the complaint for service without the exhibits, it does not seem
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any useful purpose would be served by moving to add them.
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Moreover, Plaintiff is here advised again that parties may not file evidence with
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the Court until the course of litigation brings the evidence into question (for example, on
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a motion for summary judgment, at trial, or when requested by the Court). Presently, no
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motions for summary judgment are before the Court, and no trial date has been set. In
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the meantime, the Court will not serve as a repository for the parties' evidence (e.g.,
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prison or medical records, affidavits, declarations, etc.).
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Accordingly, Plaintiff’s motion to add exhibits to his first amended complaint (ECF
No. 29) is HEREBY DENIED.
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IT IS SO ORDERED.
Dated:
March 10, 2015
/s/
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Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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