Pleasant v. Turner et al

Filing 5

INFORMATIONAL ORDER signed by Magistrate Judge Gary S. Austin on 3/29/2013. (Martinez, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TERRY PLEASANT,

) 1:13-cv-329 LJO GSA
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Plaintiff,
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v.
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) INFORMATIONAL ORDER
)
MICHELLE TURNER; R. RUSMUSSEN; )
MATTEW SERRATTO,
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Defendants.
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)

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INFORMATIONAL ORDER TO PRO SE PRISONER LITIGANTS

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this action. In

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litigating this action, the parties must comply with the Federal Rules of Civil Procedure

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(F.R.C.P.) and the Local Rules of the United States District Court, Eastern District of California

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(Local Rules). This order highlights specific rules of which the parties should take particular

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note. FAILURE TO COMPLY WITH THE LOCAL RULES, FEDERAL RULES OR A

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COURT ORDER, INCLUDING THIS ORDER, WILL BE GROUNDS FOR DISMISSAL OR

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OTHER APPROPRIATE SANCTIONS. See Local Rule 110; F.R.C.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 134(a). All documents improperly mailed to a judge's chambers will be

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

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letter. See F.R.C.P. 7.

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

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party or parties. Local Rule 131; F.R.C.P. 11(a). All documents submitted without the required

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

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Rule 130. If a document is stapled behind another document, it will not be filed and will not

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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. A document submitted without an extra copy for the court's

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use will be stricken. If the filing party wishes the court to return a file-stamped copy, he or she

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must include an additional copy for that purpose (i.e., submit an original and two copies, one for

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the court's use and one to be returned) AND a pre-addressed postage paid envelope. The court

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cannot provide copy or mailing service for a party, even for an indigent plaintiff proceeding in

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forma pauperis. Copies of documents from the court file may be obtained at the cost of fifty

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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

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include a certificate of service stating that a copy of the document was served on the opposing

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party. See F.R.C.P. 5; Local Rule 135. A document submitted without the required proof of

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

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constitutes effective service.

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

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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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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 (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

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

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at trial, or when requested by the court). Evidence improperly submitted to the court will be
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stricken and returned to the party.
7. No discovery may be conducted until an answer is filed and the court issues an order

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

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

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discovery with the court. See Local Rules 250.1, 250.2, 250.3. Discovery documents

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inappropriately submitted to the court will be stricken. Where the response to discovery is

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unsatisfactory, the party seeking discovery may file a motion to compel discovery, including a

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copy of the discovery propounded and the response thereto. See F.R.C.P. 37.

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8. Along with the discovery order, the Court will set scheduling dates for the close of

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discovery and pretrial motion activities, for pretrial conference, and for trial. Because plaintiff is

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

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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

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question. 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

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undeliverable, the court will not attempt to remail it. If the address is not updated within sixty

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days of the mail being returned, the action will be dismissed for failure to prosecute. See Local

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Rule 183(b).

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IT IS SO ORDERED.
Dated:
i1khd4

March 29, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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