United States District Court, E.D. California
FIRST INFORMATIONAL ORDER
BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE.
ORDER TO PRO SE LITIGANTS
to this litigation shall take note of the following
litigating this action, the parties must comply with the
Federal Rules of Civil Procedure and the Local Rules of the
United States District Court, Eastern District of California
(“Local Rules”). This order highlights specific
rules of which the parties should take particular note.
Failure to comply with the Local Rules, federal rules or a
court order, including this order, will be grounds for
dismissal, entry of default or other appropriate sanctions.
See Local Rule 110; Fed.R.Civ.P. 41(b).
Documents intended to be filed with the Court must be mailed
to the Clerk of the Court. See Local Rule 134(a).
All documents improperly mailed to a judge's chambers
will be stricken from the record. A document requesting a
Court order must be styled as a motion. See Fed. R.
Civ. P. 7.
document submitted for filing must include the original
signature of the filing party or parties. Local Rule 131;
Fed.R.Civ.P. 11(a). All documents submitted without the
required signature(s) will be stricken. Each separate
document must be separately stapled. See Local Rule
130. If a document is stapled behind another document, it
will not be filed and will not be entered on this Court's
documents filed with the Court must be submitted with an
additional legible conformed copy for the Court's use.
See Local Rule 133(d)(2). A document submitted
without an extra copy for the Court's use will be
stricken. If the filing party wishes the Court to return a
file-stamped copy, he or she must include an additional copy
for that purpose (i.e., submit an original and two copies,
one for the Court's use and one to be returned). The
Court cannot provide copy or mailing service for a party,
even for an indigent plaintiff proceeding in forma pauperis.
Therefore, if the filing party wishes a file-stamped copy
returned, the party must also provide an envelope with
adequate postage pre-paid. Copies of documents from the Court
file may be obtained at the cost of 50 cents per page.
After any defendants have appeared in an action by filing a
pleading responsive to the complaint (i.e., an answer or a
motion to dismiss), all documents filed with the Court must
include a certificate of service stating that a copy of the
document was served on the opposing party. See Fed.
R. Civ. P. 5; Local Rule 135(c). A document submitted without
the required proof of service will be stricken. Where a party
is represented, service on the party's attorney of record
constitutes effective service. A sample of a proper proof of
service is attached hereto.
filings must bear the file number assigned to the action,
followed by the initials of the District Court Judge and the
Magistrate Judge to whom the case is assigned. 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 will be stricken.
Court cannot serve as a repository for the parties'
evidence. The parties may not file evidence with the Court
until the course of litigation brings the evidence into
question (for example, on a motion for summary judgment, at
trial, or when requested by the Court). Evidence improperly
submitted to the Court will be stricken and returned to the
Court deadlines will be strictly enforced. Requests for time
extensions must state the reason the extension is needed and
must be filed with the Court before the deadline in question.
See Local Rule 144.
plaintiff proceeding in propria persona has an affirmative
duty to keep the Court and opposing parties informed of his
or her current address. If a plaintiff moves and fails to
file a notice of change of address, service of Court orders
at plaintiff's prior address shall constitute effective
notice. See Local Rule 182(f). 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 63 days of the mail being
returned, the action will be dismissed for failure to
prosecute. See Local Rule 183(b).
to the press of business, the Court cannot respond to
individual requests for the status of cases. Any such
requests will be denied. So long as the parties inform the
Court of any address changes in compliance with Local Rule
183(b), the Court will notify the parties of any Court action
taken in their case.
Defendants must reply to the complaint within the time
provided by the ...