Turner v. High Desert State Prison et al

Filing 21

ORDER Striking 17 Plaintiff's Motion/Request for the Production of Documents and Denying as moot 20 Plaintiff's Second Motion/Application for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that all further motions, pleadings, or documents filed by Plaintiff during the 90-day mediation stay SHALL BE STRICKEN by the Court. Signed by Judge Jennifer A. Dorsey on 01/23/2014. (Copies have been distributed pursuant to the NEF - AC)

1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
DISTRICT OF NEVADA
8
9
JOHN TURNER,
10
Plaintiff,
11
vs.
12
HIGH DESERT STATE PRISON, et al.,
13
Defendants.
14

)
)
)
)
)
)
)
)
)
/

Case No. 2:13-cv-01740-JAD-VCF
ORDER

15
This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state
16
prisoner. On January 10, 2014, the court entered an order screening the complaint, allowing the
17
complaint to proceed, and imposing a 90-day mediation stay. (Doc. 14). The screening order
18
specified that: “During this ninety-day stay period, no other pleadings or papers shall be filed in this
19
case, and the parties shall not engage in any discovery.” (Doc. 14, at p. 4). By order filed January
20
14, 2014, the Court denied several motions filed by plaintiff and ordered that plaintiff shall submit
21
no further motions or documents during the 90-day mediation stay. (Doc. 16).
22
Plaintiff has filed a request for the production of documents. (Doc. 17). Plaintiff is informed
23
that discovery requests are not to be filed with the Court, but are served on the opposing party. The
24
request for the production of documents shall be stricken.
25
Plaintiff has also filed a second motion for leave to proceed in forma pauperis. (Doc. 20).
26
By order filed January 10, 2014, the Court deferred its decision on plaintiff’s first motion to proceed

1

in forma pauperis until after the 90-day-stay period. (Doc. 14). Plaintiff’s second motion for leave

2

to proceed in forma pauperis (Doc. 20) is therefore redundant, unnecessary and moot and is

3

DENIED.

4

Plaintiff was cautioned in the Court’s order of January 14, 2014, that he shall submit no

5

further motions or documents during the 90-day mediation stay. (Doc. 16). Plaintiff has blatantly

6

disregarded this Court’s order. The Court will strike any further motions, pleadings, or documents

7

filed by plaintiff during the 90-day mediation stay.

8
9
10
11
12
13
14

IT IS THEREFORE ORDERED that plaintiff’s request for the production of documents
(Doc. 17) is STRICKEN as an inappropriately filed discovery request.
IT IS FURTHER ORDERED that plaintiff’s second motion for leave to proceed in forma
pauperis (Doc. 20) is DENIED AS MOOT.
IT IS FURTHER ORDERED that all further motions, pleadings, or documents filed by
plaintiff during the 90-day mediation stay SHALL BE STRICKEN by the Court.
Dated this 23rd day of January, 2014.

15
16
UNITED STATES DISTRICT JUDGE
17
18
19
20
21
22
23
24
25
26

2