Charles Windham v. Rodriguez et al

Filing 37

ORDER Regarding Plaintiff's 36 Declaration, signed by Magistrate Judge Stanley A. Boone on 7/26/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES WINDHAM,
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Plaintiff,
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v.
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C. RODRIGUEZ, et al.,
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Defendants.
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Case No.: 1:16-cv-00979-AWI-SAB (PC)
ORDER REGARDING PLAINTIFF’S
DECLARATION
(ECF No. 36)

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Plaintiff Charles Windham is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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Currently before the Court is Plaintiff’s declaration filed July 24, 2017, stating that it is filed in

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support of this action and Plaintiff’s evidentiary hearing motion. (ECF No. 36.) Plaintiff declares that

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certain habeas corpus law books, a directory of attorneys, and other unnamed files and books have

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been removed from his cell after a search.

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There is no pending evidentiary hearing motion in this matter, nor does this declaration appear

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to relate to any other currently pending motion. As Plaintiff has been just recently informed, to submit

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evidence in support of a request, the evidence should be attached to a proper filing, signed by Plaintiff,

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that explains what the evidence is and for what purpose it should be considered.
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Accordingly, it is HEREBY ORDERED that Plaintiff’s declaration filed July 24, 2017, is

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disregarded at this time.

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IT IS SO ORDERED.

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Dated:

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July 26, 2017
UNITED STATES MAGISTRATE JUDGE

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