Barnett v. Norman, et al.

Filing 332

ORDER STRIKING 331 Motion Requesting Scheduling Order and Briefing Schedule, signed by Magistrate Judge Barbara A. McAuliffe on 8/21/2015. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TROAS V. BARNETT,
Plaintiff,

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v.
MARTIN GAMBOA, et al.,
Defendants.

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Case No.: 1:05-cv-01022-BAM PC
ORDER STRIKING MOTION REQUESTING
SCHEDULING ORDER AND BRIEFING
SCHEDULE
(ECF No. 331)

Plaintiff Troas Barnett (“Plaintiff”) is a state prisoner proceeding in this civil rights action

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pursuant to 42 U.S.C. § 1983. On April 27, 2015, Angelina Z. Bradley was appointed as volunteer pro

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bono counsel to represent Plaintiff at trial. (ECF No. 325.) On July 1, 2015, this Court issued a

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scheduling order in this matter. (ECF No. 330.)

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On August 19, 2015, Plaintiff filed a motion on his own behalf as a “party of interest”

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requesting a scheduling order and briefing schedule for this matter. (ECF No. 331.) Plaintiff also

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discusses in the motion the Court’s authority regarding setting settlement conferences. This motion

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was not signed by counsel.

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Under Federal Rule of Civil Procedure 11(a), every pleading, written motion, and other paper

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must be signed by at least one attorney of record in the attorney’s name. Fed. R. Civ. P. 11(a). A

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party should only personally sign if unrepresented. See id. Since Plaintiff is represented by counsel in

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this action, unless and until Plaintiff’s counsel files a motion to withdraw, he may not file motions on

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his own behalf. Plaintiff’s motion is improper, and will therefore be stricken. Plaintiff is warned that

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the Court will not consider any future improperly filed motions.
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Ms. Bradley, who will be informed of this order through the Court’s CM/ECF notification

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system by email, is encouraged to discuss this order with Plaintiff, and to continue communicating

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with him in a manner that keeps him reasonably informed about significant developments in this

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matter.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion requesting a scheduling order

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and briefing schedule is STRICKEN.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

August 21, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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