Robert Rodriguez v. Police Dog Kubo et al

Filing 4

INFORMATIONAL ORDER signed by Magistrate Judge Dennis L. Beck on 8/23/2011. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ROBERT RODRIGUEZ,
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Plaintiff,
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v.
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POLICE DOG KUBO, et al.,
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Defendants.
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) 1:11cv01371 LJO DLB
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) INFORMATIONAL ORDER
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INFORMATIONAL ORDER TO PRO SE PRISONER LITIGANTS
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Plaintiff is a county jail inmate proceeding pro se and in forma pauperis in this action. In
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litigating this action, the parties must comply with the Federal Rules of Civil Procedure
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(F.R.C.P.) and the Local Rules of the United States District Court, Eastern District of California
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(Local Rules). This order highlights specific rules of which the parties should take particular
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note. FAILURE TO COMPLY WITH THE LOCAL RULES, FEDERAL RULES OR A
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COURT ORDER, INCLUDING THIS ORDER, WILL BE GROUNDS FOR DISMISSAL OR
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OTHER APPROPRIATE SANCTIONS. See Local Rule 11-110; F.R.C.P. 41(b).
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1. Documents intended to be filed with the court must be mailed to the Clerk of the
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Court. See Local Rule 134(a). All documents improperly mailed to a judge's chambers will be
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stricken from the record.1 A document requesting a court order must be styled as a motion, not a

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When a document is stricken, it becomes a nullity and is not considered by the court for any purposes.

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letter. See F.R.C.P. 7.
2. Each document submitted for filing must include the original signature of the filing

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party or parties. Local Rule 131; F.R.C.P. 11(a). All documents submitted without the required

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signature(s) will be stricken. Each separate document must be separately stapled. See Local

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Rule 130. If a document is stapled behind another document, it will not be filed and will not

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enter the court docket.

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3. All documents filed with the court must be submitted with an additional legible

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conformed copy for the court's use. See Local Rule 133(d). A document submitted without an

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extra copy for the court's use will be stricken. If the filing party wishes the court to return a file-

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stamped copy, he or she must include an additional copy for that purpose (i.e., submit an original

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and two copies, one for the court's use and one to be returned) AND a pre-addressed postage paid

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envelope. The court cannot provide copy or mailing service for a party, even for an indigent

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plaintiff proceeding in forma pauperis. Copies of documents from the court file may be obtained

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at the cost of fifty cents per page.

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4. After defendants have appeared in an action by filing a pleading responsive to the

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complaint (i.e., an answer or a motion to dismiss), all documents filed with the court must

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include a certificate of service stating that a copy of the document was served on the opposing

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party. See F.R.C.P. 5; Local Rule 135. A document submitted without the required proof of

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service will be stricken. Where a party is represented, service on the party's attorney of record

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constitutes effective service.

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5. All filings must bear the file number assigned to the action, followed by the initials of

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the District Court Judge and the Magistrate Judge to whom the case is assigned. Where plaintiff

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simultaneously pursues more than one action, he or she must file separate original documents and

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the appropriate number of copies in each action to which the document pertains. Documents

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submitted listing more than one case number in the caption will be stricken.

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6. The court cannot serve as a repository for the parties' evidence (i.e., prison or medical

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records, witness affidavits, etc.). The parties may not file evidence with the court until the course

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of litigation brings the evidence into question (for example, on a motion for summary judgment,
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at trial, or when requested by the court). Evidence improperly submitted to the court will be

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stricken and returned to the party.

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7. No discovery may be conducted until an answer is filed and the court issues an order

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opening discovery. Discovery propounded on a party is self-executing, and must be served

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directly on the party from whom discovery is sought; parties should not file copies of their

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discovery with the court. See Local Rules 250.1-250.5. Discovery documents inappropriately

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submitted to the court will be stricken. Where the response to discovery is unsatisfactory, the

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party seeking discovery may file a motion to compel discovery, including a copy of the discovery

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propounded and the response thereto. See F.R.C.P. 37.

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8. Along with the discovery order, the Court will set scheduling dates for the close of

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discovery and pretrial motion activities, for pretrial conference, and for trial. Because plaintiff is

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incarcerated and proceeds pro se, all pretrial motions will be submitted without a hearing. See

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Local Rule 230(l). The parties are referred to Local Rule 230(l) for the briefing schedule on

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motions, motion activities, for pretrial conference, and for trial.

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9. All court deadlines will be strictly enforced. Requests for time extensions must state

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the reason the extension is needed and must be filed with the court before the deadline in

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question. See Local Rule 144.

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10. A pro se plaintiff has an affirmative duty to keep the court and opposing parties

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apprised of his or her address. If a plaintiff moves and fails to file a notice of change of address,

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service of court orders at plaintiff's prior address shall constitute effective notice. See Local

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Rule 182(f). If mail directed to plaintiff is returned by the U.S. Postal Service as

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undeliverable, the court will not attempt to remail it. If the address is not updated within sixty

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days of the mail being returned, the action will be dismissed for failure to prosecute. See Local

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Rule 183(b).

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IT IS SO ORDERED.

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Dated:

August 23, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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