Evans v. Carlock et al

Filing 15

ORDER STRIKING 14 Motion for Discovery, signed by Magistrate Judge Barbara A. McAuliffe on 5/10/19. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD A. EVANS,

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Plaintiff,
v.
LISA CARLOCK, et al.,

Case No. 1:18-cv-00440-DAD-BAM
ORDER STRIKING PLAINTIFF’S UNSIGNED
MOTION FOR DISCOVERY
(Doc. No. 14.)

Defendants.

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Plaintiff Richard A. Evans (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

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On May 6, 2019, Plaintiff filed a motion for discovery requesting that the Court issue an

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order “to Obtain [Plaintiff’s] Personal Laptop[,]” which he contends is currently in the custody of

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the Suisun City Police Department, in order to obtain evidence to assist Plaintiff in prosecuting this

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case. (Doc. No. 14.) However, the motion is not signed. Each document submitted for filing must

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be signed by the filing party pursuant to Federal Rule of Civil Procedure 11(a) and Local Rule

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131(b). Unsigned filings cannot be considered by the Court, and therefore the filing will be

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stricken. Fed. R. Civ. P. 11(a); Local Rule 131.

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To the extent Plaintiff intends to resubmit a signed motion for discovery that complies with

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the Federal Rules of Civil Procedure and the Local Rules, the Court further cautions Plaintiff that

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motions for discovery are premature. The Court has screened Plaintiff’s complaint and determined
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that it is subject to dismissal. (Doc. No. 4.) The Court’s findings and recommendation of dismissal

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have been submitted to the United States District Judge assigned to this case pursuant to the

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provisions of 28 U.S.C. § 636(b)(1) and are currently pending review. (Id.) The complaint has not

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been ordered served, no defendants have appeared, and discovery has not been opened.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s Motion for Discovery filed May 6,
2019 (Doc. No. 14) is STRICKEN from the record for lack of signature.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 10, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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