(PC) Pierce v. Hawks et al, No. 2:2011cv03392 - Document 34 (E.D. Cal. 2012)
Court Description: ORDER denying 32 Motion for Various Relief, signed by Magistrate Judge Carolyn K. Delaney on 12/11/12. Plaintiff may only file the following documents: a. One opposition to any motion filed by defendants (and clearly titled as such); b. Only one motion pending at any time. Plaintiff is limited to one memorandum of points and authorities in support of the motion and one reply to any opposition; and c. One set of objections to any future findings and recommendations. (Kastilahn, A)
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(PC) Pierce v. Hawks et al Doc. 34 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AARON JAMES PIERCE, 11 Plaintiff, 12 13 No. 2:11-cv-3392 CKD P vs. G. TURNER, et al., 14 ORDER Defendants. 15 / 16 This action brought pursuant to 42 U.S.C. § 1983 proceeds on Eighth Amendment 17 claims against defendants Gower and Turner. (Dkt. No. 24.) On November 29, 2012, plaintiff 18 filed a motion requesting that the Clerk of Court instruct jail officials that this case is pending, 19 among other relief. (Dkt. No. 32.) Plaintiff’s requested relief does not relate to the case or 20 controversy before this court and thus falls outside the scope of the court’s jurisdiction. See 21 Zepeda v. United States Immigration Service, 753 F.2d 719, 727 (9th Cir. 1985). It is frivolous 22 and will be denied. 23 Plaintiff’s filing of frivolous motions and “requests” is a burden on this court and 24 impede the proper prosecution of this action. Plaintiff’s future filings shall therefore be limited 25 as set forth below. 26 //// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED: 2 1. Plaintiff’s November 28, 2012 motion for various relief (Dkt. No. 32) is 3 denied; and 4 2. Plaintiff may only file the following documents: 5 a. One opposition to any motion filed by defendants (and clearly titled as such); 6 b. Only one motion pending at any time. Plaintiff is limited to one memorandum 7 of points and authorities in support of the motion and one reply to any opposition; and 8 c. One set of objections to any future findings and recommendations. 9 Failure to comply with this order shall result in improperly filed documents being 10 11 stricken from the record and may result in a recommendation that this action be dismissed. Dated: December 11, 2012 12 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 13 14 15 16 2 pier3392.limit 17 18 19 20 21 22 23 24 25 26 2
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