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Michael Whitfield v. Ellen Greenman

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 27, 2011

MICHAEL WHITFIELD,
PLAINTIFF,
v.
ELLEN GREENMAN, M.D., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DENYING MOTION (Doc. 5)

Plaintiff Michael Whitfield, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 8, 2011. On July 18, 2011, Plaintiff filed a motion requesting that the Court refrain from striking the exhibits attached to his complaint.

Plaintiff apparently misunderstands the admonition in the First Informational Order that the Court cannot serve as a repository for evidence, an admonition intended to caution litigants against submitting exhibits in isolation and/or at times where evidence may not properly be considered. It is, however, permissible to attach exhibits to a pleading and incorporate them by reference, as Plaintiff did. Fed. R. Civ. P. 10(c). Accordingly, Plaintiff's motion is unnecessary and it is therefore DENIED.

IT IS SO ORDERED.

20110927

© 1992-2011 VersusLaw Inc.



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