Roberts v. Salano et al

Filing 46

ORDER STRIKING Plaintiff's Declarations From the Record 45 , signed by Magistrate Judge Gary S. Austin on 3/8/10. (Hellings, J)

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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 Defendant. 14 15 Plaintiff James Edward Roberts ("plaintiff") is a state prisoner proceeding pro se and in 16 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On March 1, 2010, Plaintiff 17 filed declarations from himself and three other incarcerated witnesses. (Doc. 45.) 18 There are no motions, or other matters pending before the Court at this time. The Court is 19 not a repository for records and documents should not be submitted where (1) they serve only to 20 confuse the record and burden the Court, or (2) they are intended as future evidence. If this action 21 reaches a juncture at which the submission of evidence is appropriate and necessary (e.g., summary 22 judgment or trial), Plaintiff will have the opportunity at that time to submit his evidence. 23 Accordingly, the Clerk of the Court is HEREBY ORDERED to strike the documents entered 24 as "Declaration of Plaintiff James Edwards Roberts Under Penalty of Perjury," (Doc. 45) from the 25 record in this action. 26 27 28 1 / v. (Doc. 45.) CORRECTIONAL OFFICER SALANO, JAMES EDWARD ROBERTS, Plaintiff, CASE NO. 1:08-cv-00162-LJO-GSA PC ORDER STRIKING PLAINTIFF'S DECLARATIONS FROM THE RECORD UNITED STATES DISTRICT COURT 1 2 6i0kij 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: March 8, 2010 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 2

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