Jacobs v. Quinones et al

Filing 88

ORDER DENYING Plaintiff's Miscellaneous Motion 81 and STRIKING it from the Docket signed by Magistrate Judge Jennifer L. Thurston on 8/25/14. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GEORGE E. JACOBS, IV,

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Plaintiff,

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v.

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QUINONES, et al

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Case No. 1:10-cv-02349-AWI-JLT (PC)
ORDER DENYING PLAINTIFF'S
MISCELLANEOUS MOTION AND
STRIKING IT FROM THE DOCKET
(Doc. 81)

Defendants.

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Plaintiff, George E. Jacobs, IV, is a state prisoner proceeding pro se and in forma

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pauperis, in this civil rights action pursuant to 42 U.S.C. ' 1983 which he filed on December 13,

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2010. On July 30, 2014, Plaintiff filed a document with no title and no caption, but the number

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for this action on it with the first sentence stating, "This motion was sent to your office in a timely

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manner. For some unknown reason your office opened the envelope resealed it by placing tape

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over the flap and returned it back to me without explanation. I am resubmitting this motion for

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processing" ("miscellaneous motion"). (Doc. 81.) Defendants have neither filed an opposition,

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nor responded to this document in any way. The motion is deemed submitted. L.R. 230(l).

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In this motion, Plaintiff states both that he has been having problems with the guards at

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Corcoran tampering with his mail and that he believes his motion was returned to him by this

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Court "without cause" and "has affected [his] writ of mandamus appeal, by not filing it in a timely

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manner and refusing to process it." (Id.) Plaintiff's miscellaneous motion comprises the first

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page of this filing (id., at p. 1); with a copy of a proof of service showing he served a
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"Reconsideration Motion & Correspondent Notice to Court CCDRR [sic]" on July 14, 2014 (id.,

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at p. 2); and ends with a Clerk's Notice that a document Plaintiff attempted to file was returned

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for lack of a case number, with Plaintiff's handwriting in the upper right quadrant of the first page

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indicating the number to this case and stating "Returning back to be attached to reconsideration

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motion 7-23-14" (id., at pp. 3-4).

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The Court is wholly at a loss as to what Plaintiff is hoping to achieve and/or what relief he

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seeks in this present motion. From the Clerk's Notice, it appears that Plaintiff submitted

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documents without a case number on them, causing them to be returned to him. Plaintiff's

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notation on that same document indicates that he wrote the number of this case on it and returned

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the Clerk's Notice for filing.
If Plaintiff filed this motion hoping to preserve or edify his rendition of events regarding

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difficulty he is having with his mail, he did so in error. The First Informational Order in this case

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notes that the Court cannot serve as a repository for the parties' evidence, that he may not file

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evidence with the Court until the course of litigation brings the evidence into question, and that

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evidence improperly submitted to the court will be returned or stricken. (Doc. 3, p. 4.) If

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Plaintiff feels that the events he has detailed in his miscellaneous motion have amounted to a

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violation of his constitutional rights, his recourse is to file another action.

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Accordingly, Plaintiff's miscellaneous motion, filed July 30, 2014 (Doc. 81), is DENIED
and the document is HEREBY STRICKEN.

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IT IS SO ORDERED.
Dated:

August 25, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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