McDaniels v. Stewart et al

Filing 132

ORDER by Magistrate Judge David W. Christel DENYING Plaintiff's 118 Motion for Leave to File Overlength Motion; and Directing the Clerk to STRIKE Plaintiff's 122 2nd Motion for Preliminary Injunction from the Record as the Court will not consider it. **3 PAGE(S), PRINT ALL** (Peter McDaniels, Prisoner ID: 995036)(GMR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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PETER J. MCDANIELS,

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Plaintiff,

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BELINDA STEWART, et al.,
Defendants.

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ORDER DENYING MOTION TO FILE
OVERLENGTH MOTION

v.

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CASE NO. 3:15-CV-05943-BHS-DWC

The District Court has referred this action, filed pursuant to 42 U.S.C. § 1983, to United
States Magistrate Judge David W. Christel. This matter comes before the Court on Plaintiff’s
“Motion to File Overlength (sic) Local Rule CR7(f)” (“Motion”), wherein Plaintiff seeks
permission to file a 64 page motion for injunctive relief. Dkt. 118. 1

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Also pending before the undersigned are: (1) Plaintiff’s Motion to File Overlength Motion (Response),

22 which was ready for the Court’s consideration on November 8, 2016; (2) Defendants’ Motions for Summary
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Judgment and Motion to Stay Discovery and Plaintiff’s Motion for Extension of Time, which are ready for the
Court’s consideration on November 18, 2016; and (3) Plaintiff’s Motion for Appointment of Counsel and 2nd
Motion for Preliminary Injunction, which are ready for the Court’s consideration on November 25, 2016. See Dkt.
111, 117, 119, 122, 124, 127. Pending before District Judge Benjamin H. Settle is Plaintiff’s Motion to Correct
Scribner’s Error. Dkt. 119.
ORDER DENYING MOTION TO FILE
OVERLENGTH MOTION - 1

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Under Local Rules 7(e)(3) and 65(b)(2), a temporary restraining order or motion for

2 preliminary injunction “must not exceed twenty-four pages in length.” See Local Rule 65(b)(2).
3 Plaintiff requests permission to file a 64 page motion for injunctive relief, which is 40 pages
4 longer than allowed under the Local Rules. See Dkt. 118, 122. Plaintiff also attached 305 pages
5 of exhibits to his 2nd Preliminary Injunction Motion. See Dkt. 122-1, 122-2. Plaintiff states he
6 needs additional pages because he: is not trained in legal writing, does not know what the Court
7 needs, cannot edit his work, has a tendency to provide extra case law, and is under a great
8 amount of duress and just frantically writing. Dkt. 118. He also states he was allowed extra pages
9 in college and his circumstances warrant leniency. Id.
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Plaintiff has not shown he requires 40 extra pages to adequately argue the merits of his

11 2nd Preliminary Injunction Motion. In a conclusory fashion, Plaintiff states his circumstances
12 warrant leniency, but does not explain why. See Dkt. 118. He also states he just frantically writes
13 so one thought can easily take up a whole page, even if the page adds little merit. Id. Plaintiff
14 should not simply write his thoughts; he must concisely show the Court why he is entitled to the
15 specific relief he requests. Plaintiff’s status as a pro se prisoner with limited knowledge in the
16 law does not justify a 64 page motion for injunctive relief. The Court also notes Plaintiff has
17 previously filed two motions for injunctive relief, which were denied, and continually files
18 motions and responses with this Court which exceed the page limits allowed under the Local
19 Rules. See e.g. Dkt. 10, 17, 74, 84, 95, 96, 103, 105, 128.
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Accordingly, Plaintiff’s Motion is denied. The Court will not consider Plaintiff’s 2nd

21 Preliminary Injunction Motion. The Clerk is directed to strike Plaintiff’s 2nd Preliminary
22 Injunction Motion from the record. Plaintiff may file a motion for a preliminary injunction that is
23 24 pages in length, including exhibits. The Court will not consider any pages beyond the 24
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ORDER DENYING MOTION TO FILE
OVERLENGTH MOTION - 2

1 allowed. Plaintiff need not provide the Court with extra case law and should provide only the
2 facts and allegations necessary to support his request for injunctive relief.
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Dated this 17th day of November, 2016.

A

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David W. Christel
United States Magistrate Judge

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ORDER DENYING MOTION TO FILE
OVERLENGTH MOTION - 3