Hoffmann et al v. Jones et al

Filing 32

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/14/17 STRIKING 29 , 30 , 31 the supplements and declaration. The clerk is directed to make a notation on the docket. The motion for leave for additional interrogatories 17 and the motions to compel 19 , 20 are deemed submitted. The court will not consider further filings from plaintiff in support of these motions. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KASEY F. HOFFMAN,

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No. 2:15-cv-1748-EFB P

Plaintiff,
v.

ORDER

KEVIN JONES, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He has filed three discovery motions – two to compel (ECF Nos. 19 & 20) and

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one for additional interrogatories and requests for production (ECF No. 17). Defendant Jones has

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filed oppositions to each of those motions. ECF Nos. 21, 23, & 24. In the wake of those

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oppositions, plaintiff has filed four supplements to his motions and a declaration in support of one

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of those supplements. ECF Nos. 27-31. This is not permitted by the local rules which, instead,

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permit him a single reply in support of each motion. See Local Rule 230(l).

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Accordingly, the court will consider plaintiff’s first two supplements (ECF Nos. 27 & 28)

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as his “replies.” These supplements were filed on October 11, 2017 and are closest in time to the

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relevant oppositions. See ECF No. 28 at 6; Houston v. Lack, 487 U.S. 266 (1988) (establishing

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rule that a prisoner’s court document is deemed filed on the date the prisoner delivered the

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document to prison officials for mailing). The court will strike plaintiff’s other supplements. As
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noted above, the local rules do not contemplate numerous supplements to a motion. Permitting

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such filings impairs the court’s ability to timely adjudicate the relevant motions. Moreover, these

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continuously filed supplements are unfair to defendant who, having filed his oppositions in a

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timely manner, is not afforded an opportunity to address the various arguments and exhibits

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raised after the fact.

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The relevant discovery motions – ECF Nos. 17, 19, & 20 – are deemed submitted based

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on the limitations outlined in the foregoing paragraph. The court will not consider any further

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filings from plaintiff in support of these motions.

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Based on the foregoing, it is ORDERED that:
1. The supplements filed at ECF Nos. 29 & 30 and the declaration filed at ECF No. 31
are STRICKEN and the Clerk is directed to make a notation on the docket; and
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The motion for leave for additional interrogatories (ECF No. 17) and the motions to

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compel (ECF Nos. 19 & 20) are deemed submitted. The court will not consider further filings

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from plaintiff in support of these motions.

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DATED: November 14, 2017.

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