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Case 1:06-cv-00091-LJO-DLB Document 8 Filed 04/04/2006 Page 2 of 4
1 Court. See Local Rule 5-134(a). All documents improperly mailed to a judge's chambers will
be stricken from the record.1 A document requesting a court order must be styled as a motion,
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When a document is stricken, it becomes a nullity and is not considered by the court
for any purposes.
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Case 1:06-cv-00091-LJO-DLB Document 8 Filed 04/04/2006 Page 3 of 4
1 letter "P." Where plaintiff simultaneously pursues more than one action, he or she must file
separate original documents and the appropriate number of copies in each action to which the
document pertains. Documents submitted listing more than one case number in the caption
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will be stricken.
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6. The court cannot serve as a repository for the parties' evidence (i.e., prison or
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medical records, witness affidavits, etc.). The parties may not file evidence with the court until
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the course of litigation brings the evidence into question (for example, on a motion for
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summary judgment, at trial, or when requested by the court). Evidence improperly submitted
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to the court will be stricken.
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7. After an answer is filed, the court will issue an order opening discovery, and setting
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the deadlines for discovery, amended pleadings, and pre-trial dispositive motions. No
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discovery may be conducted without court permission until an answer is filed and the court
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issues the discovery order. Discovery propounded on a party is self-executing, and must be
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served directly on the party from whom discovery is sought; parties should not file copies of
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their discovery with the court. See Local Rules 33-250, 34-250, 36-250. Discovery documents
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inappropriately submitted to the court will be stricken. Where the response to discovery is
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unsatisfactory, the party seeking discovery may file a motion to compel discovery, including
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a copy of the discovery propounded and the response thereto. See Fed. R. Civ. P. 37.
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8. Because plaintiff is incarcerated and proceeds pro se, all pretrial motions will be
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submitted without a hearing. See Local Rule 78-230(m). The parties are referred to Local
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Rule 78-230(m) for the briefing schedule on motions.
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9. All court deadlines will be strictly enforced. Requests for time extensions must state
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the reason the extension is needed and must be filed with the court before the deadline in
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question. See Local Rule 6-142.
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10. A pro se plaintiff has an affirmative duty to keep the court and opposing parties
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apprised of his or her address. If a plaintiff moves and fails to file a notice of change of
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Case 1:06-cv-00091-LJO-DLB Document 8 Filed 04/04/2006 Page 4 of 4
1 address, service of court orders at plaintiff's prior address shall constitute effective notice. See
Local Rule 83-182(d). If mail directed to plaintiff is returned by the U.S. Postal Service as
undeliverable, the court will not attempt to re-mail it. If the address is not updated within
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sixty days of the mail being returned, the action will be dismissed for failure to prosecute. See
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Local Rule 83-183(b).
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11. The court is required to screen complaints brought by prisoners seeking relief
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against a governmental entity or officer or employee of a governmental entity. 28 U.S.C.
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§ 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised
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claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief may
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be granted, or that seek monetary relief from a defendant who is immune from such relief. 28
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U.S.C. § 1915A(b)(1),(2). The court will direct the United States Marshal to serve plaintiff’s
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complaint only after the court has screened the complaint and determined that it contains
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cognizable claims for relief against the named defendants. The court has a large number of
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prisoner civil rights cases pending before it and will screen plaintiff’s complaint in due course.
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IT IS SO ORDERED.
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Dated: April 3, 2006 /s/ Dennis L. Beck
16 3c0hj8 UNITED STATES MAGISTRATE JUDGE
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