Cruz v. Escobar

Filing 14

ORDER Denying Plaintiff's 13 Motion for Permission to File Exhibit, signed by Magistrate Judge Erica P. Grosjean on 1/10/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:16-cv-01770-EPG (PC)

GUILLERMO TRUJILLO CRUZ,

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ORDER DENYING PLAINTIFF’S MOTION
FOR PERMISSION TO FILE EXHIBIT

Plaintiff,

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v.

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S. ESCOBAR,

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(ECF NO. 13)

Defendant.

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Guillermo Cruz (APlaintiff@) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. ' 1983.

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commencing this action November 22, 2016. (ECF No. 1). The complaint has not yet been

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screened.

Plaintiff filed the complaint

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On January 6, 2017, Plaintiff filed a “motion to order the Court’s permission to submit

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exhibit’s [sic] to civil right’s [sic] action,” asking the Court for permission to submit an exhibit

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that allegedly shows that Plaintiff exhausted his administrative remedies. Plaintiff’s motion

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will be denied. The Court will not be considering the question of exhaustion of administrative

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remedies when it screens Plaintiff’s complaint, which is the next step in this case. Accordingly,

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there is currently no need for Plaintiff to submit an exhibit that shows that he properly

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exhausted his administrative remedies.

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If and when Defendant raises the issue of exhaustion of administrative remedies, there
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will be an opportunity for Plaintiff to submit exhibits relevant to that issue.

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Accordingly, IT IS ORDERED that Plaintiff’s “motion to order the Court’s permission

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to submit exhibit’s [sic] to civil right’s [sic] action” is DENIED, without prejudice to the

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exhibit being filed at a later time.

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IT IS SO ORDERED.
Dated:

January 10, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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