(PC) McDaniel v. Lizarraga et al

Filing 49

ORDER signed by Magistrate Judge Kendall J. Newman on 9/14/2020 STRIKING 47 Motion to Stay and DIRECTING Clerk to strike 47 Motion for Stay. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH LEON MCDANIEL,

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No. 2:19-cv-1136 JAM KJN P

Plaintiff,
v.

ORDER

JOE LIZARRAGA, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding through counsel. On September 8, 2020, plaintiff

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personally filed, pro se, a motion for stay and abeyance. Although the motion bears counsel’s

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identifying information on the first page of the motion, the motion is not signed by counsel, but

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rather by plaintiff himself. (ECF No. 47.) Moreover, the document was not filed through the

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CM/ECF fling system such that the court could presume counsel had electronically signed the

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filing. E.D. L.R. 131(c). Rather, plaintiff appended a proof of service confirming he mailed the

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filing from Mule Creek State Prison. (ECF No. 44 at 5.)

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Plaintiff is represented by counsel. Accordingly, any court filing must be signed by

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plaintiff’s attorney of record. Fed. R. Civ. P. 11(a), E.D. L.R. 131(b). There are no exceptions to

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such rules. Therefore, plaintiff’s motion (ECF No. 47) is stricken from the court record.

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Subsequently, counsel for plaintiff filed a motion for extension of time, which the court
will address by separate order. Plaintiff is cautioned that so long as he is represented by counsel,

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plaintiff may not personally file documents in this action. Only plaintiff’s counsel of record may

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file documents in this action. In other words, plaintiff should refrain from filing pro se

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documents in this action so long as he is represented by counsel.

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Finally, plaintiff is cautioned that his continued failure to abide by the court’s orders, the

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Federal Rules of Civil Procedure, or the Local Rules of Court, may result in the imposition of

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sanctions including, but not limited to, dismissal of the action. See Fed. R. Civ. P. 41(b).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s pro se motion for stay (ECF No. 47) is stricken;

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2. The Clerk of the Court is directed to strike plaintiff’s motion (ECF No. 47); and

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3. The Clerk of the Court shall serve a courtesy copy of this order on Joseph Leon

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McDaniel, CDCR #H18541, Mule Creek State Prison, P.O. Box 409060, Ione, CA 95640.

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Dated: September 14, 2020

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/mcda1136.sty.d

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