Singh v. United States Department of Homeland Security

Filing 21

INFORMATIONAL ORDER, signed by Magistrate Judge Sheila K. Oberto on 12/06/2012. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JASDEV SINGH,

CASE NO. 1:12-cv-00498-LJO-SKO

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Plaintiff,
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INFORMATIONAL ORDER
v.

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UNITED STATES DEPARTMENT
OF HOMELAND SECURITY,

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Defendant.
/

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INFORMATIONAL ORDER TO PRO SE PRISONER LITIGANTS

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Plaintiff is a state prisoner proceeding pro se in this action. In litigating this action, the

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parties must comply with the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") and the Local

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Rules of the United States District Court, Eastern District of California ("Local Rules"). This order

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highlights specific rules of which the parties should take particular note. FAILURE TO COMPLY

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WITH THE LOCAL RULES, FEDERAL RULES, OR A COURT ORDER, INCLUDING

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THIS ORDER, WILL BE GROUNDS FOR DISMISSAL OR OTHER APPROPRIATE

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SANCTIONS. See Local Rule 110; Fed. R. Civ. 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 133(d)(1). All documents improperly mailed to a judge's chambers will

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be stricken from the record.1 A document requesting a court order must be styled as a motion, not

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as a letter. See Fed. R. Civ. P. 7.

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2.

Each document submitted for filing must include the original signature of the filing

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

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

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Local Rule 7-130. If a document is stapled behind another document, the second document will not

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be filed and will not 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)(2). 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

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file-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 at

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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 include

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a certificate of service stating that a copy of the document was served on the opposing party. See

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Fed. R. Civ. P. 5; Local Rule 135. A document submitted without the required proof of service

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

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effective service.

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5.

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

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

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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 of

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litigation brings the evidence into question (for example, on a motion for summary judgment, at trial,

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

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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

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

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

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their discovery with the court. See Local Rules 250.1, 250.2, 250.3. The Court CANNOT serve

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as a repository for the parties' discovery. Discovery documents inappropriately submitted to

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

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

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the response thereto. See Fed. R. Civ. P. 37.

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8.

Along with issuing the discovery order, the Court will set scheduling dates for the

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close of discovery and pretrial motion activities, for the pretrial conference, and for trial. Because

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

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See 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 question.

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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 undeliverable, the

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court will not attempt to remail it. If the address is not updated within sixty days of the mail

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being returned, the action will be dismissed for failure to prosecute. See Local Rule 183(b).

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IT IS SO ORDERED.

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Dated:
ie14hj

December 6, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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