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Thomas T. Alford v. Stephen S. Carlton

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


April 3, 2013

THOMAS T. ALFORD, PLAINTIFF,
v.
STEPHEN S. CARLTON,
DEFENDANTS.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action pursuant to 42 U.S.C. § 1983. Defendant's March 7, 2013 motion to dismiss the complaint is in the process of being briefed. (Dkt. No. 27.) On March 27, 2013, plaintiff filed three motions: a motion to be present at all judicial proceedings in this action (Dkt. No. 32); a motion requesting that certain evidence be released for DNA testing (Dkt. No. 33); and a motion for judgment on the pleadings (Dkt. No. 34). All three motions are improper at this point in the proceedings and will be denied as frivolous.*fn1

Plaintiff's filing of frivolous motions and "requests" is a burden on this court and impedes the proper prosecution of this action. Plaintiff's future filings shall therefore be limited as set forth below.

Accordingly, IT IS HEREBY ORDERED:

1. Plaintiff's motion to be present (Dkt. No. 32) is denied;

2. Plaintiff's motion to release evidence (Dkt. No. 33) is denied;

3. Plaintiff's motion for judgment on the pleadings (Dkt. No. 34) is denied;

4. 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. 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.

Failure to comply with this order shall result in improperly filed documents being stricken from the record and may result in a recommendation that this action be dismissed.


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