Canez v. Petruceli et al
Filing
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FIRST INFORMATIONAL ORDER signed by Magistrate Judge Gary S. Austin on 12/29/2014. (Martinez, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MANUEL CANEZ,
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Plaintiff,
v.
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1:14-cv-01887---GSA
JAMES PETRUCELI, KOJO H. MOORE,
and KELLY SMITH,
FIRST INFORMATIONAL ORDER
Defendants.
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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 note.
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FAILURE TO COMPLY WITH THE LOCAL RULES, FEDERAL RULES OR A COURT
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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
Court. See Local Rule 134(a). All documents improperly mailed to a judge's chambers will
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be stricken from the record.1 A document requesting a court order must be styled as a motion,
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not a letter. See F.R.C.P. 7.
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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
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required signature(s) will be stricken. Each separate document must be separately stapled. See
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Local Rule 7-130. If a document is stapled behind another document, it will not be filed and will
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not enter the court docket.
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3. All documents filed with the Court must be submitted with an additional legible
conformed copy for the Court's use. A document submitted without an extra copy for the
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Court's use will be stricken. If the filing party wishes the Court to return a file-stamped copy, he
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or she must include an additional copy for that purpose (i.e., submit an original and two copies,
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one for the Court's use and one to be returned) AND a pre-addressed postage paid envelope. The
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Court cannot provide copy or mailing service for a party, even for an indigent plaintiff
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proceeding in forma pauperis. Copies of documents from the Court file may be obtained at the
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cost of fifty 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 pertains. Documents
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submitted listing more than one case number in the caption will be stricken.
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When a document is stricken, it becomes a nullity and is not considered by the Court for any purpose.
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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.
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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
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Local Rule 183(b).
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IT IS SO ORDERED.
Dated:
December 29, 2014
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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