Olive v. Lopez et al

Filing 8

ORDER Denying Plaintiff's Motion to Submit Additional Pages Exceeding the E-Filing Page Limit; ORDER Directing Clerk's Office to Return Plaintiff's Additional Pages to Plaintiff with this Order and a Copy of the Standing Order signed by Magistrate Judge Michael J. Seng on 04/13/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAMIEN DWAYNE OLIVE,

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Plaintiff,
v.
DR. S. LOPEZ, et al.,

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Defendant.

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CASE NO. 1:6-cv-00427-AWI-MJS (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO
SUBMIT
ADDITIONAL
PAGES
EXCEEDING THE E-FILING PAGE LIMIT
ORDER DIRECTING CLERK’S OFFICE
TO RETURN PLAINTIFF’S ADDITIONAL
PAGES TO PLAINTIFF WITH THIS
ORDER AND A COPY OF THE
STANDING ORDER

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Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights

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action filed pursuant to 42 U.S.C. § 1983. On March 29, 2016, Plaintiff electronically

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filed his initial complaint, totaling thirteen (13) pages. (ECF No. 1.) On April 6, 2016,

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Plaintiff submitted hardcopies of a number of exhibits as an attachment to his complaint,

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totaling fifty-eight (58) additional pages. Plaintiff states that prison officials refused to

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accept these additional pages for filing because they exceeded the electronic filing page

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limits. Therefore, he submitted the hardcopies directly to the Clerk pursuant to Local

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Rule 133(d)(1).

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As Plaintiff is currently incarcerated at Kern Valley State Prison (“KVSP”), he is

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subject to the Standing Order In Re: Procedural Rules for Electronic Submission of

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Prison Litigation Filed by Plaintiffs Incarcerated at Corcoran, Pleasant Valley, and Kern

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Valley State Prisons, filed on December 15, 2015. Pursuant to the Standing Order,

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which applies to initial filings, new complaints are subject to e-filing and they may not

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exceed twenty-five (25) pages in length. Under the Standing Order, if a Plaintiff wishes

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to file a complaint longer than twenty-five (25) pages, he must so move the Court,

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include the proposed complaint with the motion, and demonstrate good grounds for

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exceeding the page limitation.

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Plaintiff may not invoke Local Rule 133(d)(1) under these circumstances. Local

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Rule 133(d)(1) states that “all paper documents presented for filing shall be delivered to

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the Clerk who will, where appropriate, deliver the documents to the Judge or Magistrate

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Judge after docketing” (emphasis added). Plaintiff’s fifty-eight (58) additional pages are

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not appropriately before the Court.

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It appears that Plaintiff’s additional documents are medical records pertaining to

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his seizure condition. Some date back to 2001. Medical records are rarely appropriately

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filed with an initial complaint, and Plaintiff has not shown why his are the exception. The

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Court cannot serve as a repository for parties’ evidence (e.g., prison or medical records,

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affidavits, declarations). The parties may not file evidence with the Court until the course

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of litigation brings the evidence into question, such as on a motion for summary

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judgment, at trial, or when specifically requested by the Court.

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Therefore, to the extent the paper filing is construed as a motion seeking relief

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from the Standing Order, it will be denied. Plaintiff is required to comply with the e-filing

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procedures set forth in the Standing Order. The Clerk of Court will be directed to return

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Plaintiff’s additional pages to him along with this order and a copy of the Standing Order

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In Re: Procedural Rules for Electronic Submission of Prisoner Litigation.

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Based on the foregoing, it is HEREBY ORDERED that:

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1) Plaintiff’s motion to submit additional pages in excess of the twenty-five (25)

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page e-filing limit is DENIED; and

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2) The Clerk of Court shall return Plaintiff’s additional pages to him along with

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this Order and a copy of the Standing Order In Re: Procedural Rules for

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Electronic Submission of Prisoner Litigation.

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IT IS SO ORDERED.
Dated:

April 13, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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