Dennis v. Kerman et al
Filing
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ORDER signed by Magistrate Judge Allison Claire on 4/23/2021 DENYING 101 Motion to Amend and DISREGARDING 102 Exhibits submitted. (Henshaw, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MATTHEW DENNIS,
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No. 2:16-cv-0542 JAM AC P
Plaintiff,
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v.
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ORDER
SCOTT KERNAN, et al.,
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Defendants.
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Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C.
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§ 1983, has filed a motion to amend the complaint. ECF No. 101.
The motion to amend requests to amend the complaint by adding additional exhibits
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regarding plaintiff’s claims against defendant Phui. ECF Nos. 101, 102. The motion further
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expresses plaintiff’s intent to continue filing exhibits with the court as they are received “for
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evidence and purposes of trial.” ECF No. 101 at 1-2. This case is proceeding on plaintiff’s third
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amended complaint, which has already been screened and found to state claims for relief against
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defendant Phui, ECF No. 51, making any additional attachments unnecessary.1 The motion will
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therefore be denied and the exhibits disregarded. Plaintiff should not file any further motions to
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amend while this case is stayed.
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Plaintiff is further advised that he should not file exhibits with the court unless they are attached
to and being used in support of or in opposition to a pending motion.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to amend, ECF No. 101,
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is DENIED and the exhibits submitted by plaintiff, ECF No. 102, shall be DISREGARDED.
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DATED: April 23, 2021
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