Hightower v. High Desert State Prison et al

Filing 37

ORDER signed by District Judge Samuel P. King on 4/1/10 ORDERING pltf's Motion seeking legal advice 35 DENIED. (Carlos, K)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CURTIS HIGHTOWER, ) No. 2:08-cv-00228-SPK ) Plaintiff, ) ) v. ) ) W. PATTON, ) ) Defendant. ) _________________________________ ) ORDER DENYING MOTION FOR LEGAL ADVICE On March 30, 2010, Plaintiff filed a motion with the Clerk of Court [Doc. 35] that asks for legal advice as to state or federal court matters. He asks "wheather [sic] or not the federal courts can assist this case to extent to the State Court's attention? I have researched that it happens, it can happen. But I have yet to discover how exactly that is done. How exactly do I bring this case to both Federal and State justice?" [Doc. 35, at 2]. This Court cannot advise Plaintiff how to proceed in this civil proceeding. Aside from certain procedural rules (e.g., Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988)), the Court's role in managing the litigation cannot include giving legal

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advice to any party. See, e.g., Jacobsen v. Filler, 790 F.2d 1362, 1365 (9th Cir. 1986) ("To give . . . advice would entail the district court's becoming a player in the adversary process rather than remaining its referee"). Therefore, the Motion seeking legal advice [Doc. 35] is DENIED. IT IS SO ORDERED: DATED: April 1, 2010.

_____________________________ Samuel P. King Senior United States District Judge

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