Arzaga v. Reed

Filing 73

ORDER Striking Plaintiff's 72 Responses to Interrogatories as Improperly Filed, and Returning a Copy to Plaintiff; ORDER Directing Clerk to Send Copy of Plaintiff's Responses to Plaintiff re 72 , signed by Magistrate Judge Gary S. Austin on 6/25/13. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL ARZAGA,

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Plaintiff,

ORDER STRIKING PLAINTIFF’S
RESPONSES TO INTERROGATORIES AS
IMPROPERLY FILED, AND RETURNING
A COPY TO PLAINTIFF
(Doc. 72.)

Defendant.

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1:10-cv-00369-AWI-GSA-PC

ORDER DIRECTING CLERK TO SEND
COPY OF PLAINTIFF’S RESPONSES TO
PLAINTIFF
(Doc. 72.)

vs.
SGT. REED,

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I.

BACKGROUND

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Daniel Arzaga ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint

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commencing this action on February 8, 2010. (Doc. 1.)

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On May 29, 2013, the court issued an order granting Defendant Reed’s motion to

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compel discovery responses. (Doc. 69.) Plaintiff was ordered to respond, without objection, to

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Defendant’s First and Second Sets of Interrogatories and Request for Production of documents

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within thirty days.

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Interrogatories with the court. (Doc. 72.)

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II.

Id.

On June 20, 2013, Plaintiff filed his responses to Defendant’s

LOCAL RULE 250.1 – FILING OF INTERROGATORIES

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Pursuant to Local Rule 250.1, “Interrogatories, responses, and proofs of service thereof

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shall not be filed unless and until there is a proceeding in which the interrogatories or proof of

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service is at issue.” L.R. 250.1(c).
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Here, the court granted Defendant’s motion to compel and ordered Plaintiff to respond

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to Defendant’s discovery requests within thirty days.

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Plaintiff’s responses to Defendant’s discovery requests are not at issue. Plaintiff is required to

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serve the responses directly upon Defendant, without filing the responses with the court.

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Therefore, Plaintiff’s responses are improperly filed and shall be stricken from the court’s

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record. The Clerk shall return a copy of Plaintiff’s responses to Plaintiff.

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III.

At this stage of the proceedings,

CONCLUSION

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s responses to Defendant’s Interrogatories, filed on June 20, 2013, are

STRICKEN from the court’s record; and

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2.

The Clerk is directed to send Plaintiff a copy of Plaintiff’s responses (Doc. 72).

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IT IS SO ORDERED.
Dated:

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June 25, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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