Bealer v. Warden of K.V.S.P. et al

Filing 193

Order DENYING filing of non-party submissions, signed by District Judge Dale A. Drozd on 8/2/2016. (Rosales, O)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTWOINE BEALER,

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Plaintiff,

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No. 1:12-cv-01516-DAD-EPG (PC)

v.

ORDER DENYING FILING OF NON-PARTY
SUBMISSIONS

CORRECTIONAL OFFICER S. RIOS and
SERGEANT R. BRANNUM,
Defendants.

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Antwoine Bealer (“plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action filed pursuant to 42 U.S.C. § 1983, against defendants Correctional

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Officer S. Rios and Sergeant R. Brannum (“defendants”) for use of excessive force in violation of

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the Eighth Amendment.
On July 27, 2016, and August 2, 2016, plaintiff’s mother, Mae C. Tucker, contacted the

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court directly and attempted to file documents in connection with this action. In her

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communications with the court, Ms. Tucker objects to plaintiff being transferred to a different

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prison; suggests that plaintiff may not have access to certain of his legal documents; requests

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confirmation of the August 9, 2016 trial date; and asks whether she may bring clothes for plaintiff

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to wear at trial.

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Ms. Tucker is not a party to this action, and is not otherwise authorized to file documents

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on her son’s behalf. Accordingly, the documents that she attempted to submit to the court will

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not be filed in the docket or considered as part of the record. See, e.g., Medlyn v. Barnes, No.

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2:13-cv-0898 TLN DAD P, 2013 WL 2360926, at *14 (E.D. Cal. May 29, 2013) (striking from

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the record a letter filed by petitioner’s mother-in-law because the letter was filed by a non-party

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not authorized to file documents on behalf of petitioner). Ms. Tucker is advised that any future

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filings by her will not be docketed as part of the record in this case.
With respect to her request concerning plaintiff’s clothing during trial, Ms. Tucker is

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further advised that prisoners bringing civil rights claims for violation of constitutional rights

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during their confinement typically appear in prison clothing during trial, given that their condition

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as prisoners will be readily apparent to the jury due to the very nature of their claims—that the

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condition of their confinement violate their constitutional rights. Here, plaintiff has not provided

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to the court any indication that he prefers to appear in civilian clothing during trial. In the event

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that the plaintiff wishes to do so, he must make a request to the court directly so that it may be

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considered.
Accordingly, the submissions made by plaintiff’s mother on July 27, 2016, and August 2,

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2016, will not be filed in the public docket of this action. Plaintiff’s jury trial will proceed as

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scheduled on August 9, 2016, at 8:30 a.m. in Courtroom 5.

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IT IS SO ORDERED.

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Dated:

August 2, 2016
UNITED STATES DISTRICT JUDGE

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