Wright v. Austin

Filing 43

ORDER granting 34 re: photo evidence by Judge J Richard Creatura. (MET) cc: plaintiff

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 GREGORY ANTONIO WRIGHT, 11 12 13 14 Plaintiff, CASE NO. 3:15-CV-05887-BHS-JRC ORDER ON PHOTO EVIDENCE v. GRANT AUSTIN et al., Defendants. 15 16 On December 19, 2016, plaintiff filed a letter asking the Court if he may send photo 17 evidence regarding his claim that defendants used excessive force. Dkt. 34. On December 22, 18 2016, defendants filed their motion for summary judgment. Dkt. 35. Plaintiff filed the proposed 19 photo evidence on January 18, 2017. Dkt. 42. On January 19, 2017, the Clerk’s Office sealed the 20 photo evidence per the protective order entered on December 5, 2016. Dkt. 33. To date, plaintiff 21 has not filed a response to defendants’ motion. See Dkt. 22 While it is permissible to attach exhibits to pleadings and motions if the exhibits are 23 incorporated by reference (Fed. R. Civ. P. 10(e)), this Court will not serve as a storehouse for 24 plaintiff’s evidence. Attaching exhibits to the complaint or to declarations filed independently of ORDER ON PHOTO EVIDENCE - 1 1 any motion or response is not the proper procedure for admitting evidence for the purpose of 2 proving his allegations. However, a liberal construction of plaintiff’s letter and the proposed 3 photo evidence is that plaintiff intended his filings to be a response to defendants’ motion for 4 summary judgment. Thus, plaintiff is advised that the Court will consider plaintiff’s letter and 5 the proposed evidence as a response to defendants’ motion for summary judgment. 6 Dated this 19th day of January, 2017. A 7 8 J. Richard Creatura United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER ON PHOTO EVIDENCE - 2

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