Honesto v. Brown et al

Filing 21

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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