Perry v. Cashcall, Inc. et al

Filing 56

ORDER REGARDING CERTAIN DOCUMENTS SUBMITTED BY PLAINTIFF. Signed by Magistrate Judge Laurel Beeler on 11/5/2013. (lblc2, COURT STAFF) (Filed on 11/5/2013) (Additional attachment(s) added on 11/5/2013: # 1 Certificate/Proof of Service) (ls, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
EDGAR PERRY,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 13-02369 LB

Plaintiff,
ORDER REGARDING CERTAIN
DOCUMENTS SUBMITTED BY
PLAINTIFF

v.
CASHCALL, INC.; UNITED STATES
CONSUMER FINANCIAL PROTECTION
AGENCY,

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Defendants.

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___________________________________/
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On October 1, 2013, pro se plaintiff Edgar Perry sent the court four envelopes containing

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numerous documents that presumably relate to his lawsuit against Cashcall, Inc., the Portuguese

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Fraternal Society of America, First Bank of California, and the State of California. See First

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Amended Complaint, ECF No. 18.1 (He dropped the United States Consumer Financial Protection

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Agency as a defendant.) On the outside of these envelopes Mr. Perry wrote, among other things:

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"For the eyes of Magistrate Judge Laurel Beeler Only." The problem with this is that the court may

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consider only documents filed in the record and, with certain exceptions, all documents filed in the

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Citations are to the Electronic Case File ("ECF") with pin cites to the electronicallygenerated page numbers at the top of document.
C 13-02369 LB
ORDER

only by the court suggest that he does not want them served on Defendants. Moreover, it appears

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that some of the documents contain Mr. Perry's personal information, and he may not want that

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information to be made public. See REPRESENTING YOURSELF IN FEDERAL COURT: A HANDBOOK

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FOR PRO SE LITIGANTS at

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submitted to the court for filing. All documents filed with the court will be available to the public

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on the internet through PACER (Public Access to Court Electronic Records) and the court’s

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Electronic Case Filing (ECF) system. Protect your privacy by leaving off social security and

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taxpayer identification numbers, names of minor children, dates of birth and financial account

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numbers."). Finally, at the pleading stage---which is where this case it at---the court generally

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considers only Mr. Perry's allegations in his complaint and documents attached to it, not additional,

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For the Northern District of California

record must be served on all other parties to the action.2 His statement that the documents be seen

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UNITED STATES DISTRICT COURT

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extrinsic evidence. In this circumstance, the documents will not be filed in the record (at least at this

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time) and the court will return them to Mr. Perry via regular mail.

1 ("Omit certain personal identifying information from documents

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The court strongly urges Mr. Perry to review the court's handbook for pro se litigations,

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REPRESENTING YOURSELF IN FEDERAL COURT: A HANDBOOK FOR PRO SE LITIGANTS, which the

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court attached to its order dated October 30, 2013, and to make an appointment with JDC Legal

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Help Center (tel: [phone]), which is located at the United States Courthouse, 450 Golden Gate

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Avenue, 15th Floor, Room 2796, San Francisco, California, 94102, to receive assistance on this

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matter.

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IT IS SO ORDERED.
Dated: November 5, 2013
_______________________________
LAUREL BEELER
United States Magistrate Judge

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Civil Local Rule 7-10 allows parties to file an ex parte motion---that is, a motion filed
without notice to the opposing party---only if a statute, federal rule, local rule, or standing order
authorizes the filing of an ex parte motion in the circumstances and the party has complied with the
applicable provisions allowing the party to approach the court on an ex parte basis. See also
REPRESENTING YOURSELF IN FEDERAL COURT: A HANDBOOK FOR PRO SE LITIGANTS at 34. Mr.
Perry's documents are not a part of or in support of an authorized ex parte motion.
C 13-02369 LB
ORDER

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