Honesto v. Brown et al
Filing
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ORDER DENYING Plaintiff's 20 Motion to Submit Evidence in Support of First Amended Complaint signed by Magistrate Judge Erica P. Grosjean on 4/20/2017. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ORDER DENYING PLAINTIFF’S MOTION
TO SUBMIT EVIDENCE IN SUPPORT OF
FIRST AMENDED COMPLAINT
(ECF NO. 20)
Plaintiff,
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1:17-cv-00467-LJO-EPG (PC)
PETER HONESTO,
v.
JERRY BROWN, et al.,
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Defendants.
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Peter Honesto (APlaintiff@) is a state prisoner proceeding pro se and in forma pauperis in
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this civil rights action pursuant to 42 U.S.C. ' 1983.
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Complaint on March 29, 2017. (ECF No. 15). The First Amended Complaint has not yet been
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screened. On April 19, 2017, Plaintiff filed a motion to submit evidence in support of the First
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Amended Complaint, and a notice of the motion. (ECF No. 20). Plaintiff states that he
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received medical records on April 6, 2017, and asks to be allowed to submit them in support of
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his First Amended Complaint (although the motion itself does not ask for any form of relief).
Plaintiff filed his First Amended
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Plaintiff’s motion will be denied. Plaintiff does not need to submit evidence at this
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stage in the proceedings. In screening Plaintiff’s First Amended Complaint to determine if it
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states a claim, the Court will take Plaintiff’s factual allegations as true without the need for
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supporting evidence at this time.
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Accordingly, IT IS ORDERED that Plaintiff’s motion to submit evidence in support of
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the First Amended Complaint is DENIED, without prejudice to the evidence being filed at a
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later date.
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IT IS SO ORDERED.
Dated:
April 20, 2017
/s/
UNITED STATES MAGISTRATE JUDGE
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