Silva v. Worth et al

Filing 39

ORDER granting Defendants' 36 Motion and striking Plaintiff's "Joint Case Management Statement and Request Proposed Order 35 " signed by Magistrate Judge Sheila K. Oberto on 5/29/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:16-cv-01131-AWI-SKO (PC)
ANTHONY SILVA,

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Plaintiff,

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v.

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ORDER GRANTING DEFENDANTS’ MOTION
AND STRIKING PLAINTIFF’S “JOINT CASE
MANAGEMENT STATEMENT AND REQUEST
PROPOSED ORDER”

J. WORTH, et al.,
(Doc. 35, 36)

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Defendants.

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Plaintiff, Anthony Silva, is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. On April 19, 2018, Plaintiff filed a

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document titled “Joint Case Management Statement and Request Proposed Order” (“Statement”)

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(Doc. 35.) Defendants responded with a motion to strike Plaintiff’s document, indicating that it is

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merely a declaration of Plaintiff’s version of events with which Defendants had not agreed. (Doc.

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36.) Defendants request that the Statement be stricken from the record since it is neither a joint

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statement nor any form of authorized filing. (Id.)
Rather than filing an opposition to Defendants’ motion to strike, on May 18, 2018,
Plaintiff filed a motion for leave to file an amended complaint in which he duplicates the
rendition of facts from the Statement. (Compare Doc. 37 with Doc. 35.) It thus appears that
Plaintiff does not oppose Defendants’ motion to strike the Statement filed by Plaintiff. The Court
also notes that that the filing of the Statement is not authorized under the Federal Rules or the
Local Rules.

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Accordingly, it is HEREBY ORDERED that Defendants’ motion, filed on April 23, 2018,

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(Doc. 36), to strike Plaintiff’s April 19, 2018 “Joint Case Management Statement” (Doc. 35) is

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GRANTED and Plaintiff’s “Joint Case Management Statement” (Doc. 35) is hereby STRICKEN

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from the record in this case.

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IT IS SO ORDERED.
Dated:

May 29, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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