Stewart v. Holland et al

Filing 29

ORDER denying Motions for screening and to supplement complaint with exhibits re 23 , 24 , 25 signed by Magistrate Judge Barbara A. McAuliffe on 9/29/2016. (Lundstrom, T)

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 TRACY L. STEWART, 14 Plaintiff, 15 16 Case No. 1:14-cv-00322-DAD-BAM-PC ORDER DENYING PLAINTIFF’S MOTIONS FOR SCREENING AND MOTION TO SUPPLEMENT COMPLAINT WITH EXHIBITS v. D. SMITH, et al., (ECF NOs. 23, 24, 25) 17 Defendants. 18 19 Plaintiff Tracy Stewart is appearing pro se and in forma pauperis in this civil rights action 20 pursuant to 42 U.S.C. § 1983. Pending before the Court are Plaintiff’s motions for screening 21 filed on March 28, 2016, and June 20, 2016, (ECF Nos. 24, 25), and to supplement his amended 22 complaint with exhibits filed on January 15, 2016. (ECF No. 23.) 23 On September 13, 2016, findings and recommendations were entered, recommending that 24 this action proceed on the December 30, 2015, first amended complaint on Plaintiff’s First 25 Amendment and Eighth Amendment claims. Plaintiff’s motions for screening are therefore 26 moot. Regarding Plaintiff’s motion to supplement the amended complaint with exhibits, Plaintiff 27 is advised that for screening purposes, the Court must assume Plaintiff’s factual allegations are 28 true. It is unnecessary for a plaintiff to submit exhibits in support of allegations in the complaint. 1 1 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motions to screen and to 2 supplement the amended complaint with exhibits are DENIED. 3 4 5 IT IS SO ORDERED. Dated: /s/ Barbara September 29, 2016 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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