Solomon v. Carrasco et al

Filing 10

ORDER Directing Clerk's Office to Provide Copy of Docket In Response to 9 Plaintiff's Motion for Status, and First Informational Order, signed by Magistrate Judge Sheila K. Oberto on 1/12/2012. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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VINCENTE SOLOMON,

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CASE NO. 1:11-cv-01511-SKO PC

Plaintiff,

ORDER DIRECTING CLERK’S OFFICE TO
PROVIDE COPY OF DOCKET IN RESPONSE
TO MOTION FOR STATUS, AND FIRST
INFORMATIONAL ORDER

v.
M. CARRASCO, et al.,

(Doc. 9)
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Defendants.
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Plaintiff Vincente Solomon, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on September 1, 2011. On January 10, 2012,

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Plaintiff filed a motion seeking the status of his case.

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Due to the volume of litigation in this district, the Court cannot and does not provide status

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reports in response to individual inquires. In as much as Plaintiff represents he is without his legal

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material, the Court will make an exception and provide Plaintiff with a copy of the docket in this

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case and the first informational order, which was served on Plaintiff on September 6, 2011. As long

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as Plaintiff keeps the Court informed of any change to his address, he will be served with any orders

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issued in this case.

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Accordingly, the Clerk’s Office is HEREBY DIRECTED to send Plaintiff a copy of the
docket for this case.

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Further, the following order highlights specific rules of which the plaintiff should take

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particular note. In litigating this action, all parties must comply with the Federal Rules of Civil

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Procedure (Fed. R. Civ. P.) and the Local Rules of the United States District Court, Eastern District
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of California (Local Rules). FAILURE TO COMPLY WITH THE FEDERAL RULES, LOCAL

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RULES, OR A COURT ORDER, INCLUDING THIS ORDER, WILL BE GROUNDS FOR

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APPROPRIATE SANCTIONS, UP TO AND INCLUDING DISMISSAL OF THIS ACTION. Fed.

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R. Civ. P. 41(b); Local Rule 110.

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1. Documents intended to be filed with the court by pro se litigants must be mailed to the

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Clerk of the Court, United States District Court, 2500 Tulare Street, Room 1501, Fresno, California

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93721. Local Rule 133(d)(1). All documents mailed improperly to a judge's chambers will be

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stricken.1

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2. Each document submitted for filing must include the original signature of the filing party

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or parties. Fed. R. Civ. P. 11(a); Local Rule 131. All documents submitted without the required

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signature(s) will be stricken. Each separate document must be bound separately at the top left

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corner. Local Rule 130(b). If a document is bound behind another document, it will not be filed or

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entered on the court docket. A document requesting a court order must be styled as a motion, not

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a letter. Fed. R. Civ. P. 7. Documents submitted to the court may be either typewritten or

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handwritten, but must be legible, and writing shall be on one (1) side of the page only. Local Rule

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130 (modified). Every document submitted to the court must include your name, address and

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prisoner identification number in the upper left-hand corner of the first page. Local Rule 131.

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3. Local Rule 133(d)(2) requires that a courtesy copy of all filings be provided for the court's

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use. The plaintiff does not have to comply with this requirement. However, if the plaintiff wishes

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the court to return a file-stamped copy of his or her filing, the plaintiff must include one copy for that

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purpose AND a pre-addressed postage paid envelope. The court cannot provide copies or mailing

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service for a party, even for an indigent plaintiff proceeding in forma pauperis. Copies of documents

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may be obtained from the court file by contacting Attorney's Diversified Services at 741 N. Fulton

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Street, Fresno, California 93728, 800-842-2695.

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4. After the defendants have made an appearance in this action by filing an answer, a motion

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to dismiss, or a motion for summary judgment, or by filing a motion for an extension of time to file

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W hen a document is stricken, it becomes a nullity and is not considered by the court for any purpose.

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a response to your complaint, the plaintiff must serve the defendants with a copy of his or her filings

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and must include with the filings a certificate of service stating that a copy of the document was

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served on the opposing party. Fed. R. Civ. P. 5; Local Rule 135 (modified). A document submitted

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without the required proof of service will be stricken. Where a party is represented by private or

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other government counsel, service on the party’s attorney of record constitutes effective service. A

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sample proof of service form is attached hereto.

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However, if the defendants are represented by the Office of the Attorney General for the State

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of California, the plaintiff is not required to serve copies of filings on the defendants' counsel. The

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defendants' counsel will receive service of the filing via the court's electronic filing system. This

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exception applies only to service of documents on defendants represented by the Attorney General's

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Office for the State of California.

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

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District Court Judge and the Magistrate Judge to whom the case is assigned and the letters "PC."

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Where the plaintiff simultaneously pursues more than one action, he or she must file separate

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original documents and the appropriate number of copies in each action to which the document

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pertains. Documents 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 (e.g., prison or medical

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

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of litigation brings the evidence into question (e.g., on a motion for summary judgment, at trial, or

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when requested by the court). Evidence improperly submitted to the court will be stricken.

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7. The Eastern District of California converted to an electronic filing, service, and storage

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system, effective January 3, 2005. Pro se litigants are exempt from the electronic filing requirement

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and must submit all documents to the court in paper. Local Rule 133(b)(2). Paper documents

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submitted by pro se litigants for filing will be scanned into the electronic court file by the Clerk’s

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Office. After being scanned into the electronic court file, the paper documents will be retained in

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the Clerk’s Office for a limited period of time and then discarded. Local Rule 138(d). For this

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reason, pro se litigants are cautioned not to send original exhibits to the court. When it is appropriate

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for pro se litigants to submit exhibits to the court (see paragraph 6), the litigants shall retain their
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original exhibits and send photocopies to the court.

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8. After an answer is filed, the court will issue an order opening discovery, and setting the

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deadlines for completing discovery, amending the pleadings, and filing pre-trial dispositive motions.

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No discovery may be conducted without court permission until an answer is filed and the court issues

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

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

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the court. Local Rules 250.2, 250.3, 250.4. Discovery documents inappropriately submitted to the

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

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may file a motion to compel discovery, including a copy of the discovery propounded and the

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response thereto. Fed. R. Civ. P. 37. Unless the parties are relieved of the obligation by court order,

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a motion to compel must be accompanied by “a certification that the movant has in good faith

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conferred or attempted to confer with the person or party failing to make disclosure or discovery in

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an effort to obtain it without court action.” Fed. R. Civ. P. 37(a)(1). A discovery motion that does

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not comply with all applicable rules will be stricken and may result in imposition of sanctions.

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9. Because the plaintiff is either a prisoner or a civil detainee and is proceeding pro se, all

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pretrial motions will be submitted without a hearing. Local Rule 230(l). The parties are referred to

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Local Rule 230(l) for the briefing schedule on motions.

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

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

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Local Rule 144.

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

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of his or her address. Local Rule 182(f). If the plaintiff moves and fails to file a notice of change

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of address, service of court orders at the plaintiff's prior address shall constitute effective notice. Id.

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If mail directed to the plaintiff is returned by the U.S. Postal Service as undeliverable, the court will

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not attempt to re-mail it. If the address is not updated within sixty-three days of the mail being

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returned, the action will be dismissed for failure to prosecute. Local Rule 183(b). A Notice of

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Change of Address Form is attached hereto.

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12. The plaintiff's complaint will be screened by the court. 28 U.S.C. § 1915(e)(2); 28
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U.S.C. § 1915A; Omar v. Sea-Land Service, Inc. 813 F.2d 986, 991 (9th Cir. 1987); Wong v. Bell,

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642 F.2d 359, 361-62 (9th Cir. 1981). If the complaint, in whole or in part, fails to state any claims

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upon which relief is granted, is frivolous or malicious, or seeks relief monetary relief from a

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defendant who is immune, it will be dismissed. Service of process will not be initiated until the

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screening process is complete.

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The court has a large number of pro se prisoner and civil detainee cases pending before it and

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it will screen the plaintiff’s complaint in due course. The court will notify the plaintiff as soon as

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any action is taken in the case. Due to the large number of civil actions pending before the court,

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the clerk is unable to respond in writing to individual inquiries regarding the status of the case. As

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long as the plaintiff keeps the court apprised of his or her current address, the plaintiff will receive

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all decisions which might affect the status of the case.

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13. If the plaintiff is proceeding in forma pauperis, the court will direct the United States

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Marshal to serve the complaint after the court screens the complaint and determines that it states

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cognizable claims for relief against the named defendants. If the plaintiff is not proceeding in forma

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pauperis, the court will issues the summonses and instructions on serving the complaint after the

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court screens the complaint and determines that it states cognizable claims for relief against the

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named defendants.

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As noted, the requirements set forth in Local Rules 135 and 130 have been modified in this

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order. These modifications apply to civil rights and habeas cases filed in the Fresno division of the

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Eastern District of California by prisoners and civil detainees proceeding pro se (without counsel).

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IT IS SO ORDERED.

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Dated:
i0d3h8

January 12, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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