Villareal v. County of Fresno

Filing 29

ORDER for Plaintiff to File Her Additional Evidence With the Court 26 , signed by Magistrate Judge Erica P. Grosjean on 5/18/17: 14-Day Deadline. (Hellings, J)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 Plaintiff, 11 12 Case No. 1:15-cv-01410-EPG (PC) ELAINE K. VILLAREAL, ORDER FOR PLAINTIFF TO FILE HER ADDITIONAL EVIDENCE WITH THE COURT (ECF NO. 26) v. COUNTY OF FRESNO, 13 14-DAY DEADLINE Defendant. 14 15 I. BACKGROUND 16 Elaine K. Villareal (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On September 17, 2015, 18 Plaintiff filed the complaint commencing this action. (ECF No. 1). In an order entered 19 November 8, 2016, this Court allowed Plaintiff’s action to proceed against defendant County of 20 Fresno on a claim for violation of the Eighth Amendment based on unconstitutional conditions 21 of confinement. (ECF No. 7). 22 On January 31, 2017, defendant County of Fresno filed a motion to dismiss on the 23 ground that Plaintiff failed to properly exhaust her administrative remedies. (ECF No. 12). 24 Plaintiff filed an opposition, (ECF No. 19), and defendant County of Fresno filed a reply (ECF 25 No. 20). 26 submission. (ECF No. 25). On April 11, 2017, the Court converted the motion to dismiss into 27 a motion for summary judgment, and gave both parties the opportunity to file additional 28 evidence, as well as a reply and objections to the opposing parties’ evidence. (ECF No. 26). The Court heard oral arguments on April 7, 2017, and took the matter under 1 1 On May 16, 2017, defendant County of Fresno filed a reply and objections to Plaintiff’s 2 additional evidence. (ECF No. 28). However, the Court has not received any additional 3 evidence from Plaintiff. Based on this, it appears that Plaintiff served her additional evidence 4 on defendant County of Fresno. However, Plaintiff’s additional evidence was not filed with the 5 Court. 6 Accordingly, based on the foregoing, IT IS HEREBY ORDERED that Plaintiff has 7 fourteen (14) days from the date of service of this order to file her additional evidence with the 8 Court. 9 10 11 IT IS SO ORDERED. Dated: May 18, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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