Reyes v. California Department of Corrections et al

Filing 24

ORDER signed by Magistrate Judge Kendall J. Newman on 3/30/15 ORDERING that Plaintiffs second request 23 is DENIED, and plaintiff is admonished to exercise restraint in filing documents from this point forward; and Plaintiffs amended complaint shall be filed on or before April 30, 2015. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHANE MYRON REYES,

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Plaintiff,

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v.

No. 2:15-cv-0140 KJN P

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. On March 16, 2015, plaintiff

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filed a request for court order allowing plaintiff to make copies. On March 23, 2015, plaintiff

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filed a second request for court order allowing plaintiff to make copies, which plaintiff signed less

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than one week after his initial request was signed. The order addressing plaintiff’s initial request

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issued on March 19, 2015. (ECF No. 22.) Thus, plaintiff’s second request is denied.
Moreover, the record reflects that since plaintiff filed this action on January 16, 2015, he

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has filed thirteen documents, some of which were duplicates, and some of which contain exhibits

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that were not requested by the court and were unnecessary. Thus, aside from the initial complaint

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and request to proceed in forma pauperis, plaintiff has filed an additional thirteen documents in

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just under two months.

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Plaintiff is hereby formally cautioned that a litigant proceeding in forma pauperis may

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suffer restricted access to the court where it is determined that he has filed excessive motions in a

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pending action. DeLong v. Hennessey, 912 F.2d 1144 (9th Cir. 1990); see also Tripati v.

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Beaman, 878 F2d 351, 352 (10th Cir. 1989). Plaintiff is cautioned that this court views the

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number of documents filed to date as excessive and that consideration will be given to restricted

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court access if plaintiff does not exercise appropriate restraint henceforth.

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Pursuant to the March 12, 2015 order, plaintiff’s amended complaint is due April 13,

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2015. In an abundance of caution, plaintiff is granted until April 30, 2015, in which to file his

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amended complaint that complies with the orders filed March 12 and 19, 2015.

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IT IS HEREBY ORDERED that:

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1. Plaintiff’s second request (ECF No. 23) is denied, and plaintiff is admonished to

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exercise restraint in filing documents from this point forward; and
2. Plaintiff’s amended complaint shall be filed on or before April 30, 2015.

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Failure to comply with this order may result in the dismissal of this action, or an order restricting

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plaintiff’s filings in this action.

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Dated: March 30, 2015

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/reye0140.warn

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