Atcherley v. Clark et al

Filing 278

ORDER Granting [261-3] Defendants' Request to Strike Plaintiff's Separate Statement of Facts; ORDER Striking Plaintiff's 246 Separate Statement of Facts signed by Magistrate Judge Dennis L. Beck on 06/16/2015. (Flores, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

WILBUR ATCHERLEY,

12
13
14
15

Plaintiff,
v.
CLARK, et al.,
Defendants.

16
17

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:12cv00225 LJO DLB (PC)
ORDER GRANTING DEEFENDANTS’ REQUEST
TO STRIKE PLAINTIFF’S SEPARATE
STATEMENT OF FACTS
(Document 261-3)
ORDER STRIKING PLAINTIFF’S SEPARATE
STATEMENT OF FACTS
(Document 246)

18
19

Plaintiff William Atcherley (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis

20

in this civil rights action pursuant to 28 U.S.C. § 1983. This action is proceeding on Plaintiff’s Third

21

Amended Complaint, filed on January 26, 2015, for violation of the Eighth Amendment and

22

negligence against numerous Defendants.

23
24
25

The motion for summary judgment filed by Defendants Abadia, Holt, Borbolla, Ceballos, Rios,
Torres, Ross and Clark is pending.
On April 27, 2015, Plaintiff filed his opposition to the motion, as well as his response to

26

Defendants’ statement of undisputed facts. He also filed evidentiary objections, a statement of

27

disputed facts, two declarations, a request for judicial notice and a “Separate Statement of Facts in

28
1

1
2
3
4
5
6
7
8

Support of his Opposition.” Combined, these documents presented hundreds of pages of briefing and
exhibits.
On May 19, 2015, as part of their reply, Defendants moved to strike Plaintiff’s “Separate
Statement of Facts” as an impermissible filing under Local Rule 260(b).
The Court has reviewed Plaintiff’s filing and finds that it is an unauthorized filing under Local
Rule 260(b). The briefing contains a mix of arguments and “facts” already presented in his
opposition.
Accordingly, Defendants’ request to strike is GRANTED and Document 246 is STRICKEN

9
from the record.
10
11

IT IS SO ORDERED.

12
13

Dated:

/s/ Dennis

June 16, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2