Jones v. Anorld et al

Filing 10

ORDER Denying Plaintiff's 9 Motion to Admit Miscellaneous Records, signed by Chief Judge Lawrence J. O'Neill on 6/6/17. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD DAVID JONES, 12 13 14 15 Plaintiff, Case No. 1:16-cv-00473-LJO-BAM (PC) ORDER DENYING PLAINTIFF’S MOTION TO ADMIT MISCELLANEOUS RECORDS v. (ECF No. 9) ERIC ARNOLD, et al., Defendants. 16 17 Plaintiff Edward David Jones (“Plaintiff”), a state prisoner proceeding pro se, initiated this 18 civil action on April 1, 2016. On August 4, 2016, the Court dismissed this action as duplicative 19 of case number 1:16-cv-00469-DAD-BAM. (ECF No. 3.) Judgment was entered accordingly 20 that same day. (ECF No. 4.) Plaintiff has since filed various miscellaneous motions, which the 21 Court has construed as motions for reconsideration and denied. (ECF Nos. 5, 6, 7, 8.) 22 Currently before the Court is Plaintiff’s motion to admit miscellaneous records, filed on 23 May 30, 2017. Again, Plaintiff’s motion is difficult to understand, but Plaintiff refers to the lack 24 of supervision of inmates by floor staff officers, contraband among inmates, inmate assaults, and 25 the death of Plaintiff’s mother after contracting Valley Fever. Plaintiff appears to request an 26 investigation into an alleged assault on March 13, 2017 that resulted in serious bodily injury. 27 Plaintiff attaches various exhibits. (ECF No. 9.) Plaintiff states that he admits these reports, 28 records and documentation “for review.” (Id. at 1.) 1 1 This action has now been closed for ten months. The motion concerns events occurring 2 long after the action was closed, events unrelated to this action, and events already found to be 3 duplicative of case number 1:16-cv-00469-DAD-BAM. 4 Plaintiff is advised that the Court will not serve as a repository for evidence. Parties may 5 not file evidence with the Court until it becomes necessary to do so in connection with a motion 6 for summary judgment, trial, or the Court requests otherwise. This action is closed and it is not 7 necessary for Plaintiff to submit evidence in connection with a motion for summary judgment or 8 trial. 9 To the extent Plaintiff believes he is in danger, or wishes to raise new claims against new 10 defendants, he has other avenues or relief available to him, including filing a new action. The 11 issue is not that Plaintiff’s allegations are not serious or that Plaintiff is not entitled to relief if 12 sought in the proper forum. The issue is that this action cannot be used by Plaintiff to obtain the 13 relief he seeks. 14 Plaintiff is reminded that the Court will not entertain another motion to reconsider the 15 judgment in this case based on arguments the Court has previously rejected, nor will it entertain 16 motions on matters completely unrelated to this case. 17 Accordingly, Plaintiff’s motion to admit miscellaneous records, filed on May 30, 2017 18 (Doc. 9), is HEREBY DENIED. Plaintiff is advised that should he continue to submit unrelated 19 documents in this closed action, his documents will be returned to him without being filed with 20 the Court and he may be subject to sanctions. 21 22 23 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ June 6, 2017 UNITED STATES CHIEF DISTRICT JUDGE 24 25 26 27 28 2

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