Pierce v. Hawks et al

Filing 34

ORDER denying 32 Motion for Various Relief, signed by Magistrate Judge Carolyn K. Delaney on 12/11/12. Plaintiff may only file the following documents: a. One opposition to any motion filed by defendants (and clearly titled as such); b. Only one motion pending at any time. Plaintiff is limited to one memorandum of points and authorities in support of the motion and one reply to any opposition; and c. One set of objections to any future findings and recommendations. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AARON JAMES PIERCE,

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Plaintiff,

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No. 2:11-cv-3392 CKD P

vs.
G. TURNER, et al.,

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ORDER

Defendants.

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/

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This action brought pursuant to 42 U.S.C. § 1983 proceeds on Eighth Amendment

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claims against defendants Gower and Turner. (Dkt. No. 24.) On November 29, 2012, plaintiff

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filed a motion requesting that the Clerk of Court instruct jail officials that this case is pending,

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among other relief. (Dkt. No. 32.) Plaintiff’s requested relief does not relate to the case or

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controversy before this court and thus falls outside the scope of the court’s jurisdiction. See

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Zepeda v. United States Immigration Service, 753 F.2d 719, 727 (9th Cir. 1985). It is frivolous

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and will be denied.

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Plaintiff’s filing of frivolous motions and “requests” is a burden on this court and

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impede the proper prosecution of this action. Plaintiff’s future filings shall therefore be limited

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as set forth below.

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Accordingly, IT IS HEREBY ORDERED:

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1. Plaintiff’s November 28, 2012 motion for various relief (Dkt. No. 32) is

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denied; and

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2. Plaintiff may only file the following documents:

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a. One opposition to any motion filed by defendants (and clearly titled as such);

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b. Only one motion pending at any time. Plaintiff is limited to one memorandum

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of points and authorities in support of the motion and one reply to any opposition; and

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c. One set of objections to any future findings and recommendations.

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Failure to comply with this order shall result in improperly filed documents being

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stricken from the record and may result in a recommendation that this action be dismissed.
Dated: December 11, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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pier3392.limit

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