(HC) Mask v. Paramo, No. 2:2015cv02168 - Document 27 (E.D. Cal. 2016)
Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/19/16 ordering petitioner's motions 16 , 20 , 23 , and 24 are denied as premature without prejudice to renewal. Petitioner may only file the following documents: A. Any amended petit ion as directed by the court. B. One opposition to any motion filed by respondent (and clearly titled as such). C. Only 1 non-dispositive motion pending at any time. Petitioner is limited to 1 memorandum of points and authorities in support of the motion and 1 reply to any opposition. D. One set of objections to any future findings and recommendations. (Plummer, M)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BOBBY JOE MASK, 12 Petitioner, 13 14 No. 2:15-cv-2168 MCE CKD P v. ORDER DANIEL PARAMO, 15 Respondent. 16 On March 1, 2016, the undersigned issued findings and recommendations addressing 17 18 petitioner’s two motions to stay this federal habeas action and respondent’s motion to dismiss. 19 (ECF No. 15.) Review by the district court is pending. Since the findings and recommendations issued, petitioner has filed four motions and a 20 21 proposed second amended petition. (ECF Nos. 16, 20, 23, 24 & 21.) All such filings are 22 premature, as no further action is warranted in this case until the findings and recommendations 23 are either adopted or rejected by the district court. Thus all petitioner’s motions will be dismissed 24 without prejudice to renewal, if appropriate, at a later stage of this action. Petitioner’s filing of frivolous motions is a burden on this court and impedes the proper 25 26 27 28 prosecution of this action.1 Petitioner’s future filings shall be limited as set forth below, and any 1 “Respondent has reviewed Petitioner’s [three] March 28th filings and has found that these documents contain nothing substantively new or different from Petitioner’s previous filing on 1 1 filings disallowed by the limiting order will be disregarded. 2 Accordingly, IT IS HEREBY ORDERED THAT: 3 1. Petitioner’s motions at ECF Nos. 16, 20, 23, and 24 are denied as premature without 4 5 prejudice to renewal; and 2. Petitioner may only file the following documents: 6 a. Any amended petition as directed by the court; 7 b. One opposition to any motion filed by respondent (and clearly titled as such); 8 c. Only one non-dispositive motion pending at any time. Petitioner is limited to 9 10 one memorandum of points and authorities in support of the motion and one reply to any opposition; and 11 12 d. One set of objections to any future findings and recommendations. Failure to comply with this order shall result in improperly filed documents being stricken 13 from the record. 14 Dated: April 19, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 2 / mask2168.ord 22 23 24 25 26 27 28 March 4, 2016.” (ECF No. 26 at 3.) 2
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