Gutierrez v. Gutierrez

Filing 32

ORDER STRIKING Inmate William Milton's Response as Improper Filing 30 , signed by Magistrate Judge Gary S. Austin on 8/13/14. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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G. J. GUTIERREZ,

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Plaintiff,

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vs.

1:13-cv-00421-GSA-PC
ORDER STRIKING INMATE WILLIAM
MILTON’S RESPONSE AS IMPROPER
FILING
(Doc. 30.)

A. GUTIERREZ,

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Defendant.

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G. J. Gutierrez ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. ' 1983. This case now proceeds on the initial

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Complaint filed by Plaintiff on March 22, 2013, against defendant Correctional Officer A.

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Gutierrez (“Defendant”) for use of excessive force and failure to protect Plaintiff. (Doc. 1.)

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On July 31, 2014, Defendant filed a motion to strike Plaintiff’s opposition to

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Defendant’s motion to dismiss. (Doc. 28.) On August 1, 2014, the court issued an order

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granting Defendant’s motion to strike, and striking Plaintiff’s opposition for lack of signature.

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(Doc. 29.)

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On August 11, 2014, inmate William Milton, a non-party to this action, filed a response

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to Defendant’s motion to strike, in which he informs the court that he is assisting Plaintiff with

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this case and opposes the motion to strike. (Doc. 30.)

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A non-lawyer may not represent anyone but himself or herself in court. Johns v.

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County of San Diego, 114 F.3d 874, 877 (9th Cir. 1997); C. E. Pope Equity Trust v. United

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States, 818 F.2d 696, 697 (9th Cir. 1987). Plaintiff is proceeding pro se in this action, which

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signifies that Plaintiff is acting as his own attorney in the litigation of this action. While inmate

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Milton is not precluded from assisting other inmates with litigation, Bounds v. Smith, 430 U.S.

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817, 823, 97 S.Ct 1491 (1977), he may not, as a non-lawyer, represent anyone but himself in

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court and may not file documents in this action on Plaintiff’s behalf, or on his own behalf as a

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non-party litigant. Plaintiff may not designate a non-lawyer to substitute as his attorney-in fact.

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Therefore, inmate William Milton’s response to Defendant’s motion to strike was improperly

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filed and shall be stricken from the record.1

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Accordingly, IT IS HEREBY ORDERED that inmate William Milton’s response to

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Defendant’s motion to strike, filed on August 11, 2014, is STRICKEN from the record as

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improperly filed.

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IT IS SO ORDERED.
Dated:

August 13, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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When a document is stricken, it becomes a nullity and is not considered by the court for any purpose.
(Informational Order, Doc. 3 at 2 fn.1.)