Carey v. Alphonso et al
Filing
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ORDER DENYING 19 Motion for Clarification, signed by Magistrate Judge Stanley A. Boone on 8/25/14. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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NATHAN CHARLES CAREY,
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Plaintiff,
v.
A. ALPHONSO, et al.,
Defendants.
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Case No.: 1:13-cv-00669-SAB (PC)
ORDER REGARDING PLAINTIFF’S MOTION
FOR CLARIFICATION
[ECF No. 19]
Plaintiff Nathan Charles Carey is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
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Now pending before the Court is Plaintiff’s motion for clarification, filed August 22, 2014.
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Plaintiff requests clarification regarding the Court’s August 1, 2014, order striking his response to
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Defendant’s request for interrogatories. Plaintiff indicates that he only submitted a copy to the Court
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for posterity and official record.
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Plaintiff is again advised that “[d]iscovery propounded on a party is self-executing, and must
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be served directly on the party from whom discovery is sought; parties should not file copies of their
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discovery with the court. Local Rules 250.2, 250.3 250.4. Discovery documents inappropriately
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submitted to the court will be returned or stricken. (ECF NO. 3, ¶ 8) (emphasis in original).
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Discovery is self-executing until such time as a party becomes dissatisfied with a response and seeks
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relief from the court pursuant to the Federal Rules of Civil Procedure. Interrogatories, requests for
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admissions, requests for production of documents, and responses thereto shall not be filed with the
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court until there is a proceeding in which the document or proof of service is at issue. Such documents
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are only to be served on the opposing party, and not with the Court. Local Rules 250.2, 250.3, 250.4.
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Discovery requests improperly filed with the court will be, and have been, stricken from the record.
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Accordingly, Plaintiff’s motion for clarification is DENIED.
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IT IS SO ORDERED.
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Dated:
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August 25, 2014
UNITED STATES MAGISTRATE JUDGE
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