Garcia v. Beard et al

Filing 22

ORDER STRIKING 21 Document as Improperly Filed signed by Magistrate Judge Gary S. Austin on 4/16/2015. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FELIPE GARCIA, 12 13 14 15 1:14-cv-00625-LJO-GSA-PC Plaintiff, ORDER STRIKING DOCUMENT AS IMPROPERLY FILED (Doc. 21.) vs. JEFFERY A. BEARD, et al., Defendants. 16 17 18 19 Felipe Garcia (APlaintiff@) is a state prisoner proceeding pro se in this civil rights action 20 pursuant to 42 U.S.C. ' 1983. 21 Magistrate Judge Sheila K. Oberto, requesting initiation of service, requesting appointment of 22 counsel, and requesting the court to intervene in events occurring at the prison. (Doc. 21.) 23 Plaintiff refers to the present case number, and also the case number for another pending case 24 which is assigned to Magistrate Judge Oberto. (Id.) On April 8, 2015, Plaintiff filed a document addressing 25 Plaintiff may not bring a motion for multiple cases in this manner. The court will not 26 consider one motion for multiple cases. As Plaintiff was informed in the court’s Informational 27 Order issued on April 30, 2014, a document meant to be considered in more than one case must 28 1 1 be filed, by separate copies of the document, in each of the cases, using the correct case number 2 for each case. (See Informational Order, Doc. 19 at 2 ¶II.A, F.) The Magistrate Judge assigned 3 to this case is the Honorable Gary S. Austin, not the Honorable Sheila K. Oberto. Here, 4 Plaintiff should file two separate documents, each referring to only one case number, 5 addressing only the case in which the document is to be filed. 6 7 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s document filed on April 8, 2015, is STRICKEN from the record as improperly filed.1 8 9 10 IT IS SO ORDERED. Dated: April 16, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 A document which is “stricken” will not be considered by the Court for any purpose. (Informational Order, Doc. 19 at 2 ¶II.A.) 2

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