Dixon, Jr. v. Alvarez et al
Filing
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ORDER DIRECTING PLAINTIFF TO CEASE EXTRANEOUS FILINGS and ORDER DIRECTING CLERK OF COURT TO DISPOSE OF ALL FILINGS NOT BEARING A TITLE signed by Magistrate Judge Michael J. Seng on 4/24/2017. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MITCHELL DIXON, JR.,
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Plaintiff,
CASE NO. 1:17-cv-00316-MJS (PC)
ORDER DIRECTING PLAINTIFF TO
CEASE EXTRANEOUS FILINGS
v.
ALVAREZ, et al.,
ORDER DIRECTING CLERK OF
COURT TO DISPOSE OF ALL
FILINGS NOT BEARING A TITLE
Defendants.
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Plaintiff is a county jail inmate proceeding pro se and in forma pauperis in this civil
21 rights action pursuant to 42 U.S.C. § 1983. Plaintiff’s first amended complaint was
22 dismissed with leave to amend. (ECF No. 13.)
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Since initiating this case on March 6, 2017, Plaintiff has filed a plethora of notices,
24 briefs, medical services requests forms, and partial complaints, without any context for
25 their filing. (See ECF Nos. 9, 10, and 11.) Most are incomprehensible and lack a title or
26 caption describing the document as required under Local Rule 133(g). The Court is not
27 filing these documents and will not do so in the future.
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To the extent Plaintiff intends for these filings to supplement his pending claims,
1 he is advised that a civil rights complaint must be “complete in and of itself without
2 reference to any other pleading, attachment, or document.” Micenheimer v. Soto, No. CV
3 13-3853-CJC (JEM), 2014 WL 2931111 (C.D. Cal. June 27, 2014); see also Lacey v.
4 Maricopa County, 693 F.3d 896, 907 n.1 (9th Cir. 2012) (en banc). Plaintiff need not
5 refer to extrinsic evidence in order to state a claim.
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If Plaintiff intends to raise new and separate claims, he may not do so in this case.
7 Federal courts are courts of limited jurisdiction. The pendency of this action does not
8 give the Court jurisdiction over state officials in general or over the relief requested in
9 Plaintiff's motion that is not the subject of the operative complaint. Summers v. Earth
10 Island Institute, 555 U.S. 488, 492-93 (2009); Mayfield v. United States, 599 F.3d 964,
11 969 (9th Cir. 2010). In any case, the Court cannot determine what, if any, additional
12 claims Plaintiff seeks to raise.
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For the reasons stated above, Plaintiff is hereby DIRECTED to cease filing
14 documents, notices, and requests extraneous to his case. Additionally, all future filings
15 must be clearly labeled with a title describing the document, as required by Local Rule
16 133(g). Any document submitted by Plaintiff that does not include such a descriptor shall
17 be disposed of.
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IT IS SO ORDERED.
Dated:
April 24, 2017
/s/
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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