(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH LEON MCDANIEL, 12 13 14 15 No. 2:19-cv-1136 JAM KJN P Plaintiff, v. ORDER JOE LIZARRAGA, et al., Defendants. 16 17 Plaintiff is a state prisoner, proceeding through counsel. On September 8, 2020, plaintiff 18 personally filed, pro se, a motion for stay and abeyance. Although the motion bears counsel’s 19 identifying information on the first page of the motion, the motion is not signed by counsel, but 20 rather by plaintiff himself. (ECF No. 47.) Moreover, the document was not filed through the 21 CM/ECF fling system such that the court could presume counsel had electronically signed the 22 filing. E.D. L.R. 131(c). Rather, plaintiff appended a proof of service confirming he mailed the 23 filing from Mule Creek State Prison. (ECF No. 44 at 5.) 24 Plaintiff is represented by counsel. Accordingly, any court filing must be signed by 25 plaintiff’s attorney of record. Fed. R. Civ. P. 11(a), E.D. L.R. 131(b). There are no exceptions to 26 such rules. Therefore, plaintiff’s motion (ECF No. 47) is stricken from the court record. 27 28 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, 1 plaintiff may not personally file documents in this action. Only plaintiff’s counsel of record may 2 file documents in this action. In other words, plaintiff should refrain from filing pro se 3 documents in this action so long as he is represented by counsel. 4 Finally, plaintiff is cautioned that his continued failure to abide by the court’s orders, the 5 Federal Rules of Civil Procedure, or the Local Rules of Court, may result in the imposition of 6 sanctions including, but not limited to, dismissal of the action. See Fed. R. Civ. P. 41(b). 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Plaintiff’s pro se motion for stay (ECF No. 47) is stricken; 9 2. The Clerk of the Court is directed to strike plaintiff’s motion (ECF No. 47); and 10 3. The Clerk of the Court shall serve a courtesy copy of this order on Joseph Leon 11 McDaniel, CDCR #H18541, Mule Creek State Prison, P.O. Box 409060, Ione, CA 95640. 12 Dated: September 14, 2020 13 14 15 16 /mcda1136.sty.d 17 18 19 20 21 22 23 24 25 26 27 28 2

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