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