Cejas v. Myers, et al.
Filing
121
ORDER REGARDING PLAINTIFF'S REQUEST FOR COURT ORDER [119-1]; ORDER DIRECTING CLERK TO FILE PAGES 2-13 OF DOCUMENT 119 AS MOTION TO COMPEL [119-2] signed by Magistrate Judge Dennis L. Beck on 11/4/2015. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANDREW A. CEJAS,
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Plaintiff,
v.
MYERS, et al.,
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Defendants.
Case No. 1:12-cv-00271-AWI-DLB PC
ORDER REGARDING PLAINTIFF’S
REQUEST FOR COURT ORDER
(Document 119-1)
ORDER DIRECTING CLERK TO FILE
PAGES 2-13 OF DOCUMENT 119 AS
MOTION TO COMPEL
(Document 119-2)
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Plaintiff Andrew A. Cejas (“Plaintiff”) is a California state prisoner proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on
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Plaintiff’s Third Amended Complaint for violation of the First Amendment against numerous
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Defendants.
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On November 2, 2015, the Court received a document entitled, “Requesting for an Order to
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Have the ‘Court Clerks’ file Plaintiff’s motion to compel dated August 27, 2015.” Plaintiff suggests
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that the Clerk is improperly rejecting motions that should be filed, and requests an investigation
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because the Clerk “may be working with or for the Defendants.” ECF No. 119, at 1.
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Plaintiff’s suggestion is not well-taken. As of the date of this order, the Court has filed three
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of Plaintiff’s motions to compel. However, none of these documents were clearly marked as
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motions, and they were filed as motions only after further examination by Court staff. If any
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motions have been returned, it is simply because Plaintiff has not clearly indicated that the
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documents were motions. Indeed, the documents that the Court ultimately determined were motions
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were titled as “responses to objections” to discovery, which can easily be mistaken for discovery
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documents that should not be filed with the Court.
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Therefore, to ensure that documents meant to be motions are filed as such, Plaintiff must
clearly title the document as a “Motion” in the caption of the pleading.
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Plaintiff attaches what appears to be the August 27, 2015, motion referred to in his filing. It
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appears that Plaintiff has now added “Motion to Compel” to the caption. The Clerk is DIRECTED
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to file pages 2-13 of Document 119 as a motion to compel.
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IT IS SO ORDERED.
Dated:
/s/ Dennis
November 4, 2015
L. Beck
UNITED STATES MAGISTRATE JUDGE
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