Derwin Butler, Sr. v. Escamilla et al

Filing 18

ORDER REGARDING Miscellaneous Filing signed by Magistrate Judge Michael J. Seng on 9/10/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DERWIN BUTLER, SR.,

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Plaintiff,

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CASE NO. 1:17-cv-00623-MJS (PC)
ORDER REGARDING MISCELLANEOUS
FILING

v.
(ECF No. 16)
ESCAMILLA, et al.,
Defendants.

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

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rights action brought pursuant to 42 U.S.C. § 1983. On June 13, 2017, the Court

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dismissed Plaintiff’s first amended complaint, but gave him leave to amend. (ECF No.

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11.) Plaintiff filed a second amended complaint on July 5, 2017. (ECF No. 17.) It awaits

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screening by the Court..

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On June 19, 2017, Plaintiff submitted copies of various medical records to the
Court via a letter which did not explain his purpose or intent in doing so.

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To the extent Plaintiff intends these documents to supplement his complaint,

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Local Rule 220 requires that a complaint be complete in itself without reference to any

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prior pleading. The Court will not consider these documents when screening Plaintiff’s

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second amended complaint. If Plaintiff believes his second amended complaint is

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deficient, he must seek and obtain leave to amend.

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To the extent Plaintiff intends the proffered documents to be used as evidence to

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help prove his claims, the Court cannot and will not serve as a repository for evidence.

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Parties may not file evidence with the Court until the course of litigation brings the

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evidence into question (for example, on a motion for summary judgment, at trial, or when

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requested by the Court). Plaintiff’s second amended complaint has not yet been

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screened, no motions for summary judgment are before the Court, and no trial date has

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been set. In this circumstance, (e.g., prison or medical records, affidavits, declarations,

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etc.).

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Since Plaintiff’s filing is not, and does not relate to, a motion or an amendment to

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a pleading or anything else properly before the Court at this time, it will not be

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considered. Further such submissions will be rejected and the attempt to file same may

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subject Plaintiff to sanctions.

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Based on the foregoing, it is HEREBY ORDERED that Plaintiff’s miscellaneous
filing (ECF No. 16) be disregarded.

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IT IS SO ORDERED.
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Dated:

September 10, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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