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)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 1:16-cv-01770-EPG (PC) GUILLERMO TRUJILLO CRUZ, 11 ORDER DENYING PLAINTIFF’S MOTION FOR PERMISSION TO FILE EXHIBIT Plaintiff, 12 v. 13 S. ESCOBAR, 14 (ECF NO. 13) Defendant. 15 16 17 Guillermo Cruz (APlaintiff@) is a state prisoner proceeding pro se and in forma pauperis 18 in this civil rights action pursuant to 42 U.S.C. ' 1983. 19 commencing this action November 22, 2016. (ECF No. 1). The complaint has not yet been 20 screened. Plaintiff filed the complaint 21 On January 6, 2017, Plaintiff filed a “motion to order the Court’s permission to submit 22 exhibit’s [sic] to civil right’s [sic] action,” asking the Court for permission to submit an exhibit 23 that allegedly shows that Plaintiff exhausted his administrative remedies. Plaintiff’s motion 24 will be denied. The Court will not be considering the question of exhaustion of administrative 25 remedies when it screens Plaintiff’s complaint, which is the next step in this case. Accordingly, 26 there is currently no need for Plaintiff to submit an exhibit that shows that he properly 27 exhausted his administrative remedies. 28 If and when Defendant raises the issue of exhaustion of administrative remedies, there 1 1 will be an opportunity for Plaintiff to submit exhibits relevant to that issue. 2 Accordingly, IT IS ORDERED that Plaintiff’s “motion to order the Court’s permission 3 to submit exhibit’s [sic] to civil right’s [sic] action” is DENIED, without prejudice to the 4 exhibit being filed at a later time. 5 6 7 IT IS SO ORDERED. Dated: January 10, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?