Frank Hafer v. Taunton et al
ORDER striking 11 Motion to Appoint Counsel as duplicative. AND FURTHER denying 13, 14, 15 and 16 Motions to Amend and to file exhibits in support of complaint. Exhibits attached to motions are STRICKEN. Signed by Judge Lawrence J. O'Neill on 4/10/06. (Keeler, P)
(PC)Frank Hafer v. Taunton et al
Page 1 of 2
1 2 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 Plaintiff Frank Hafer ("plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On March 20, 2006, plaintiff filed a motion seeking the appointment of counsel. On April 3, 2006, plaintiff filed a second motion seeking the appointment of counsel. Plaintiff's April 3 motion shall be stricken from the record on the ground that it is duplicative of a previously filed motion for relief. When plaintiff files a motion, he must wait for the court's ruling and should not file any further motions seeking the same relief as that sought in a pending motion. In addition to seeking the appointment of counsel, on April 3, 2006, plaintiff filed a motion seeking leave to amend to add a party and exhibits, and three separate motions seeking leave to amend to add exhibits to complaint. For the reasons set forth in the court's order filed on April 4, 2006, plaintiff `s motion seeking leave to amend to add a party is unnecessary. Further, plaintiff may 1
UNITED STATES DISTRICT COURT
EAS TER N DISTRICT OF CALIFORNIA FRANK HAFER, Plaintiff, v. S. TAUNTON, et al., Defendants. ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO AMEND, DENYING PLAINTIFF'S MOTIONS SEEKING LEAVE TO FILE EXHIBITS IN SUPPORT OF COMPLAINT, AND STRIKING EXHIBITS ATTACHED TO MOTIONS (Docs. 13, 14, 15, and 16) CASE NO. 1:06-CV-00304-OWW-LJO-P ORDER STRIKING PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL AS DUPLICATIVE OF PREVIOUSLY FILED MOTION (Doc. 11)
Page 2 of 2
1 2 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
not add claims or parties piecemeal. If plaintiff wishes to amend, he must submit an amended complaint that is complete within itself without reference to the original complaint. With respect to exhibits, plaintiff may not submit exhibits to the court piecemeal and request that they be included with his complaint. Plaintiff is not required to submit exhibits in support of his complaint. However, if plaintiff chooses to do so, any exhibits submitted in support of the complaint must be attached and must be incorporated by reference. Fed. R. Civ. P. 10(c). There shall be no exceptions. Accordingly, plaintiff's motions for leave to amend shall be denied and the exhibits attached thereto shall be stricken from the record. Based on the foregoing, it is HEREBY ORDERED that: 1. Plaintiff's motion for the appointment of counsel, filed April 3, 2006, is STRICKEN as duplicative; and 2. Plaintiff's motions seeking leave to amend, filed April 3, 2006, are DENIED and the exhibits attached thereto are STRICKEN.
IT IS SO ORDERED. Dated: b9ed48 April 10, 2006 /s/ Lawrence J. O'Neill UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?