Jimenez v. Horel
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/07/11 ordering within 14 days from the date of this order, plaintiff shall file a set of exhibits marked with the respective exhibit letter to coincide with plaintiff's reference in plaintiff's amended complaint. The clerk of the court is directed to send plaintiff a copy of his amended complaint 9 . (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT CHRISTOPHER JIMENEZ,
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Plaintiff,
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No. 2:10-cv-2943 KJN P
vs.
J. WHITFIELD, et al.,
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Defendants.
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ORDER
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Plaintiff is proceeding without counsel. On August 25, 2011, defendants filed a
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motion for judgment on the pleadings. In the amended complaint, plaintiff refers to various
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exhibits which were not appended to the amended complaint1 or to his original complaint.
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Plaintiff separately filed exhibits on February 23, 2010, and September 28, 2010, but the exhibits
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provided are not marked with specific exhibit letters to coincide with their reference in the
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amended complaint, and plaintiff did not provide all of the exhibits referred to in the amended
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complaint.2 As one example, plaintiff states that “on Oct. 17, 2006 plaintiff in exhibit (C1 - C2)
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Plaintiff refers to exhibits A, A1, B, C1, C2, D1, D2, D4, G1, G2, H, I J, K1 and K2.
(Dkt. No. 9 at 1.)
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Most of the exhibits provided separately by plaintiff are copies of administrative
appeals and plaintiff’s efforts to administratively exhaust the instant claims. (Dkt. Nos. 6 & 11.)
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places plaintiff at 1033 or so at a hearing and was not at his cell.” (Dkt. No. 9 at 2, Claim One.)
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The exhibits provided by plaintiff do not contain a rules violation report dated October 17, 2006,
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or other document indicating plaintiff was at a hearing on October 17, 2006, or any exhibits
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marked C1 or C2. Plaintiff will be provided an opportunity to submit all the exhibits he
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referenced in the amended complaint, clearly marked with the appropriate exhibit letter plaintiff
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used in the amended complaint. Plaintiff is cautioned that failure to provide the exhibits
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referenced will preclude their use in resolving the pending motion.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Within fourteen days from the date of this order, plaintiff shall file a set of
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exhibits marked with the respective exhibit letter to coincide with plaintiff’s reference in
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plaintiff’s amended complaint.
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2. The Clerk of the Court is directed to send plaintiff a copy of his amended
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complaint. (Dkt. No. 9.)
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DATED: November 7, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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