Exmundo v. Scribner et al

Filing 7

FIRST INFORMATIONAL ORDER signed by Judge Lawrence J. O'Neill on 3/14/06. (Keeler, P)

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(DLB) (PC) Exmundo v. Scribner et al Doc. 7 Case 1:06-cv-00205-AWI-NEW Document 7 Filed 03/15/2006 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 1 / Plaintiff EMELITO EXMUNDO ("plaintiff") is a prisoner proceeding pro se and in forma pauperis in a civil rights action pursuant to 42 U.S.C. 1983. In litigating this action, the parties must comply with the Federal Rules of Civil Procedure (Fed. R. Civ. P.) and the Local Rules of the United States District Court, Eastern District of California (Local Rules). This order highlights specific rules of which the parties should take particular note. FAILURE TO COMPLY WITH THE LOCAL RULES, FEDERAL RULES OR A COURT ORDER, INCLUDING THIS ORDER, WILL BE GROUNDS FOR DISMISSAL OR OTHER APPROPRIATE SANCTIONS. See Local Rule 11-110; Fed. R. Civ. P. 41(b). 1. Documents intended to be filed with the court must be mailed to the Clerk of the Court. vs. A. K. SCRIBNER, EMELITO EXMUNDO, Plaintiff, FIRST INFORMATIONAL ORDER 1:06-CV-00205-AWI-LJO-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Dockets.Justia.com Case 1:06-cv-00205-AWI-NEW Document 7 Filed 03/15/2006 Page 2 of 4 1 See Local Rule 5-134(a). All documents improperly mailed to a judge's chambers will be stricken from the record.1 A document requesting a court order must be styled as a motion, not a letter. See Fed. R. Civ. P. 7. 2 2. Each document submitted for filing must include the original signature of the filing party 3 or parties. Local Rule 7-131; Fed. R. Civ. P. 11(a). All documents submitted without the required 4 signature(s) will be stricken. Each separate document must be separately stapled. See Local Rule 5 7-130. If a document is stapled behind another document, it will not be filed and will not enter the 6 court docket. 7 3. All documents filed with the court must be submitted with an additional legible 8 conformed copy for the court's use. See Local Rule 5-134(b). A document submitted without an 9 extra copy for the court's use will be stricken. If the filing party wishes the court to return a file10 stamped copy, he or she must include an additional copy for that purpose (i.e., submit an original and 11 two copies, one for the court's use and one to be returned) AND a pre-addressed postage paid 12 envelope. The court cannot provide copy or mailing service for a party, even for an indigent plaintiff 13 proceeding in forma pauperis. Copies of documents from the court file may be obtained at the cost 14 of fifty cents per page. 15 4. After defendants have appeared in an action by filing a pleading responsive to the 16 complaint (i.e., an answer or a motion to dismiss), all documents filed with the court must include 17 a certificate of service stating that a copy of the document was served on the opposing party. See 18 Fed. R. Civ. P. 5; Local Rule 5-135. A document submitted without the required proof of service 19 will be stricken. Where a party is represented, service on the party's attorney of record constitutes 20 effective service. 21 5. All filings must bear the file number assigned to the action, followed by the initials of the 22 District Court Judge and the Magistrate Judge to whom the case is assigned and the letter "P." 23 24 25 When a document is stricken, it becomes a nullity and is not considered by the court for any purposes. 2 1 Case 1:06-cv-00205-AWI-NEW Document 7 Filed 03/15/2006 Page 3 of 4 1 Where plaintiff simultaneously pursues more than one action, he or she must file separate original documents and the appropriate number of copies in each action to which the document pertains. Documents submitted listing more than one case number in the caption will be stricken. 2 6. The court cannot serve as a repository for the parties' evidence (i.e., prison or medical 3 records, witness affidavits, etc.). The parties may not file evidence with the court until the course of 4 litigation brings the evidence into question (for example, on a motion for summary judgment, at trial, 5 or when requested by the court). Evidence improperly submitted to the court will be stricken. 6 7. After an answer is filed, the court will issue an order opening discovery, and setting the 7 deadlines for discovery, amended pleadings, and pre-trial dispositive motions. No discovery may 8 be conducted without court permission until an answer is filed and the court issues the discovery 9 order. Discovery propounded on a party is self-executing, and must be served directly on the party 10 from whom discovery is sought; parties should not file copies of their discovery with the court. See 11 Local Rules 33-250, 34-250, 36-250. Discovery documents inappropriately submitted to the court 12 will be stricken. Where the response to discovery is unsatisfactory, the party seeking discovery may 13 file a motion to compel discovery, including a copy of the discovery propounded and the response 14 thereto. See Fed. R. Civ. P. 37. 15 8. Because plaintiff is incarcerated and proceeds pro se, all pretrial motions will be submitted 16 without a hearing. See Local Rule 78-230(m). The parties are referred to Local Rule 78-230(m) for 17 the briefing schedule on motions. 18 9. All court deadlines will be strictly enforced. Requests for time extensions must state the 19 reason the extension is needed and must be filed with the court before the deadline in question. See 20 Local Rule 6-142. 21 10. A pro se plaintiff has an affirmative duty to keep the court and opposing parties apprised 22 of his or her address. If a plaintiff moves and fails to file a notice of change of address, service of 23 court orders at plaintiff's prior address shall constitute effective notice. See Local Rule 83-182(d). 24 If mail directed to plaintiff is returned by the U.S. Postal Service as undeliverable, the court will not 25 3 Case 1:06-cv-00205-AWI-NEW Document 7 Filed 03/15/2006 Page 4 of 4 1 attempt to re-mail it. If the address is not updated within sixty days of the mail being returned, the action will be dismissed for failure to prosecute. See Local Rule 83-183(b). 11. The court is required to screen complaints brought by prisoners seeking relief against a 2 governmental entity or officer or employee of a governmental entity. 28 U.S.C. 1915A(a). The 3 court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 4 "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek 5 monetary relief from a defendant who is immune from such relief. 28 U.S.C. 1915A(b)(1),(2). 6 The court will direct the United States Marshal to serve plaintiff's complaint only after the court has 7 screened the complaint and determined that it contains cognizable claims for relief against the named 8 defendants. The court has a large number of prisoner civil rights cases pending before it and will 9 screen plaintiff's complaint in due course. 10 IT IS SO ORDERED. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 Dated: b6edp0 March 14, 2006 /s/ Lawrence J. O'Neill UNITED STATES MAGISTRATE JUDGE

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