Scott v. Palmer et al

Filing 73

ORDER Striking Plaintiff's Untimely Objection 72 , signed by District Judge Lawrence J. O'Neill on 3/21/12. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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FLOYD SCOTT,

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CASE NO. 1:09-cv-01329-LJO-SKO PC
Plaintiff,

ORDER STRIKING PLAINTIFF’S UNTIMELY
OBJECTION

v.
(Doc. 72)

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J. PALMER, et al.,

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Defendants.
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Plaintiff Floyd Scott, a state prisoner proceeding pro se, filed this civil rights action pursuant

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to 42 U.S.C. § 1983 on July 29, 2009. This action is proceeding against Defendants Palmer, Rivera,

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and Lopez on Plaintiff’s claim that while he was at Kern Valley State Prison in Delano, California,

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Defendant Palmer used excessive physical force against him and Defendants Rivera and Lopez failed

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to intervene, in violation of his rights under the Eighth Amendment of the United States

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Constitution.

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On March 19, 2012, the Court issued an order adopting the Magistrate Judge’s findings and

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recommendations; granting in part and denying in part Defendants’ motion for summary judgment;

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and staying the action pending the settlement conference set for April 20, 2012. On the same day,

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Plaintiff filed an objection.

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The deadline for filing an objection was March 12, 2012, Fed. R. Civ. P. 6(a),(d), and

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Plaintiff’s objection, which was served by mail on March 15, 2012, was untimely even with the

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application of the prison mailbox rule, Douglas v. Noelle, 567 F.3d 1103, 1107 (9th Cir. 2009).

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Therefore, the objection shall be stricken from the record.
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Plaintiff is not precluded from filing a motion for reconsideration, which is the proper vehicle

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for seeking relief under these circumstances. Fed. R. Civ. P. 60(b); Local Rule 230(j). However,

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this action is currently stayed. The stay remains in effect and any filings submitted while the stay

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is in place will be stricken from the record. If this case does not settle, Plaintiff may seek appropriate

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relief once he receives an order from the Court lifting the stay.

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For the reasons set forth herein, Plaintiff’s untimely objection is HEREBY STRICKEN from
the record.

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IT IS SO ORDERED.
Dated:
b9ed48

March 21, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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