Saintal v. Foster et al

Filing 26

ORDER Granting 22 Defendants' Motion to Strike 12 Plaintiff's Amended Memorandum, 18 Notice of Motion, and 19 Motion to Transfer. Signed by Magistrate Judge Peggy A. Leen on 10/12/11. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 7 8 9 10 PRISCELLA R. SAINTAL, ) ) Plaintiff, ) ) vs. ) ) SHERYL FOSTER, et al., ) ) Defendants. ) __________________________________________) Case No. 2:11-cv-00445-KJD-PAL ORDER (Mot. Strike - Dkt. #22) 11 12 13 14 Before the court is the Defendants’ Motion to Strike (Dkt. #22). No opposition was filed and the time for filing a response has now run. Defendants seek an order striking three documents filed by the Plaintiff after the court entered a 15 Screening Order (Dkt. #10), and Order Setting Inmate Early Mediation Conference (Dkt. #15). 16 Specifically, Plaintiff filed a 78-page Amended Memorandum of Law in Support of Civil Rights 17 Complaint (Dkt. #12), Notice and Motion of Informative [sic] to Judge Regarding Discretions with 18 Mediation (Dkt. #18), and Motion for Transfer and Grounds of Prejudice (Dkt. #19). Having reviewed 19 and considered the matter, the court finds Plaintiff filed these documents in contravention of the court’s 20 orders. Additionally, Plaintiff did not file an opposition to Defendants’ motion to strike, and pursuant 21 to LR 7-2(d), the failure of an opposing party to file points and authorities in response to any motion 22 shall constitute a consent to the granting of the motion. Accordingly, 23 IT IS ORDERED that Defendants’ Motion to Strike (Dkt. #22) is GRANTED, and Plaintiff’s 24 Amended Memorandum (Dkt. #12), Notice of Motion (Dkt. #18), and Motion for Transfer (Dkt. #19) 25 are STRICKEN. 26 27 28 Dated this 12th day of October, 2011. ______________________________________ Peggy A. Leen United States Magistrate Judge

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