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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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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,

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14-DAY DEADLINE

Defendant.

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I.

BACKGROUND

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Elaine K. Villareal (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On September 17, 2015,

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Plaintiff filed the complaint commencing this action. (ECF No. 1). In an order entered

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November 8, 2016, this Court allowed Plaintiff’s action to proceed against defendant County of

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Fresno on a claim for violation of the Eighth Amendment based on unconstitutional conditions

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of confinement. (ECF No. 7).

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On January 31, 2017, defendant County of Fresno filed a motion to dismiss on the

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ground that Plaintiff failed to properly exhaust her administrative remedies. (ECF No. 12).

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Plaintiff filed an opposition, (ECF No. 19), and defendant County of Fresno filed a reply (ECF

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No. 20).

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submission. (ECF No. 25). On April 11, 2017, the Court converted the motion to dismiss into

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a motion for summary judgment, and gave both parties the opportunity to file additional

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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

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On May 16, 2017, defendant County of Fresno filed a reply and objections to Plaintiff’s

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additional evidence. (ECF No. 28). However, the Court has not received any additional

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evidence from Plaintiff. Based on this, it appears that Plaintiff served her additional evidence

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on defendant County of Fresno. However, Plaintiff’s additional evidence was not filed with the

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Court.

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Accordingly, based on the foregoing, IT IS HEREBY ORDERED that Plaintiff has

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fourteen (14) days from the date of service of this order to file her additional evidence with the

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Court.

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IT IS SO ORDERED.
Dated:

May 18, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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