(PC) Turner v. Central California Women's Facility et al

Filing 19

ORDER VACATING 15 Findings and Recommendations issued on January 12, 2023; ORDER DENYING 18 Motion to be allowed to send all evidence in different envelopes, signed by Magistrate Judge Erica P. Grosjean on 1/17/2023. (Martin-Gill, S)

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Case 1:22-cv-00480-ADA-EPG Document 19 Filed 01/18/23 Page 1 of 2 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 TREAUNA L. TURNER, Plaintiff, 11 12 13 14 v. CENTRAL CALIFORNIA WOMEN’S FACILITY, et al., Defendants. 15 18 19 ORDER VACATING FINDINGS AND RECOMMENDATIONS ISSUED ON JANUARY 12, 2023 (ECF No. 15) ORDER DENYING MOTION TO BE ALLOWED TO SEND ALL EVIDENCE IN DIFFERENT ENVELOPES (ECF No. 18) 16 17 Case No. 1:22-cv-00480-ADA-EPG (PC) Treauna Turner (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action. On January 12, 2023, the Court issued findings and recommendations, recommending 20 that this action be dismissed, without prejudice, because Plaintiff failed to respond to the 21 Court’s screening order, despite being granted two extensions of time to do so. (ECF No. 15). 22 23 24 On January 13, 2023, Plaintiff filed her First Amended Complaint (“FAC”), as well as a motion to be allowed to send all evidence in different envelopes. (ECF Nos. 17 & 18). Plaintiff apologizes for filing her FAC late. Plaintiff states that she has been moved 25 around five times within a month due to positive COVID-19 cases. Additionally, Plaintiff is 26 only just getting over being sick with COVID. 27 28 Given the allegations in Plaintiff’s filings, the Court will vacate its findings and recommendations and will screen Plaintiff’s FAC in due course. However, the Court warns 1 Case 1:22-cv-00480-ADA-EPG Document 19 Filed 01/18/23 Page 2 of 2 1 2 Plaintiff that she is expected to comply with court orders and deadlines. As to Plaintiff’s motion to be allowed to send all evidence in different envelopes, it will 3 be denied. Plaintiff does not explain what evidence she wants to submit or why she wants to 4 submit it. As the Court informed Plaintiff in its First Information Order, “[t]he Court will not 5 serve as a repository for evidence.” (ECF No. 3, p. 3). The Court also notes that it ordered that 6 “Plaintiff’s amended complaint must be no longer than twenty (20) pages, including 7 exhibits,” (ECF No. 9, p. 18) (emphasis in original), and Plaintiff’s FAC is 20 pages. 8 Based on the foregoing, IT IS ORDERED that: 9 1. The findings and recommendations issued on January 12, 2023 (ECF No. 15), 10 are VACATED; and 2. Plaintiff’s motion to be allowed to send all evidence in different envelopes (ECF 11 12 No. 18) is DENIED. 13 14 15 IT IS SO ORDERED. Dated: January 17, 2023 /s/ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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