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Hale v. Vacaville Housing Authority

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 29, 2010

CHEN HALE, PLAINTIFF,
v.
VACAVILLE HOUSING AUTHORITY, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Defendant Vacaville Housing Authority's motion to dismiss plaintiff's amended complaint, Docket No. 55, is currently under submission before this court. The court is carefully considering the pleadings and record in this action and a ruling will issue in due course. Plaintiff, in addition to her opposition to defendant's motion to dismiss, has filed numerous documents in contravention of the Local Rules and Federal Rules of Civil Procedure. (See Dkt. Nos. 62, 63, 66, 67, 68, 70). Many of these filings are duplicative. Others attempt to include additional "evidence" after the close of briefing on the motion to dismiss. The multiplicity of plaintiff's filings is a burden on both the court and defendant and impedes the proper prosecution of this action.

Moreover, the court issued a detailed order on March 10, 2010, addressing plaintiff's repeated requests for an interpreter, which this court and the Northern District of California have denied on numerous occasions. In that order, the court ordered that "plaintiff may not seek further appointment of counsel or an interpreter based upon the information previously presented to the court." (Dkt. No. 50.) The court instructed plaintiff that failure to comply with this order may result in documents being stricken from the record or a recommendation that this action be dismissed. Despite this order, plaintiff filed two additional requests for an interpreter.*fn1 (Dkt. Nos. 62, 63.)

Plaintiff's non-compliance with court orders and the rules of litigation procedure may subject plaintiff's action to dismissal. Local Rule 183, governing persons appearing in pro se, provides that failure to comply with the Federal Rules of Civil Procedure and Local Rules may be ground for dismissal, judgment by default, or other appropriate sanction. Local Rule 110 provides that failure to comply with the Local Rules "may be grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or within the inherent power of the Court." See also Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) ("Failure to follow a district court's local rules is a proper ground for dismissal."). Pro selitigants are bound by the rules of procedure, even though pleadings are liberally construed in their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987). Plaintiff's future filings shall therefore be limited. Plaintiff is again cautioned that future and continued noncompliance with the Local Rules and Federal Rules of Civil Procedure may result in dismissal of this action.

In light of plaintiff's frequent filing of documents without regard to the rules of procedure and orders of this court, it is HEREBY ORDERED that:

1. Plaintiff may only file the following documents:

a. One opposition to any motion filed by defendant (and clearly titled as such);

b. Only one motion pending at any time. Such motion must be properly noticed for hearing. Plaintiff is limited to one memorandum of points and authorities in support of the motion, one declaration in support of the motion and one reply to any opposition; and

c. One set of objections to any findings and recommendations.

2. Plaintiff's latest filings requesting an interpreter are stricken from the record. (Dkt. Nos. 62, 63). Plaintiff shall file no further requests for an interpreter.

Failure to comply with this order shall result in a recommendation that this action be dismissed.

IT IS SO ORDERED.


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