United States District Court, E.D. California
KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE.
is proceeding pro se with a motion under 28 U.S.C. §
2255. On March 7, 2019, respondent filed its opposition. (ECF
No. 220.) On March 29, 2019, movant filed his traverse. (ECF
No. 224.) On April 1, 2019, movant filed a motion for leave
to file additional pages, appending investigator Buford's
sworn affidavit dated March 15, 2019, and other documents
pertaining to movant's “parole/probation address,
etc.” (ECF No. 225 at 2.) Movant claimed that the
admittance of such exhibits would not prejudice the
government because movant requested the documents on February
11, 2019, before the government filed its opposition.
from movant's requests for status, movant has since filed
11 separate documents, some entitled “supplement”
or “amended supplement.” (ECF Nos. 229-39.) All
of these documents contain movant's additional arguments
or “explanations” of his claims for relief.
Rules Governing Section 2255 Proceedings for the United
States District Courts contemplate the filing of a motion, an
opposition, and a reply. Id., Rules 1 and 5.
Movant's additional filings congest the court's
docket, add to this court's heavy workload,
detract from the court's ability to focus on ruling on
dispositive motions. Movant may not continue to add
arguments, ad infinitum, until the court reaches a decision
on his pending § 2255 motion.
movant is limited to the filing of his § 2255 motion and
one traverse. Id., Rule 5.
Therefore, movant is advised that the court will not consider
the inappropriately-filed documents submitted after the
traverse was filed. Instead, movant is granted one
opportunity in which to file an amended traverse in which he
makes all arguments and appends all of his
previously-referenced exhibits. Moreover, such amended
traverse shall not exceed 40 pages, excluding exhibits. If
movant chooses to file an amended traverse, respondent may
file a sur-reply fourteen days after service of the amended
alternative, movant may choose to stand on his
previously-filed traverse, to which the court orders that his
subsequently-filed exhibits be appended.
movant is cautioned that once he files the attached notice of
election form, no further substantive filings or arguments
are permitted on the § 2255 motion until the court rules
on the § 2255 motion.
IT IS HEREBY ORDERED that:
motion to add exhibits to the traverse (ECF No. 225) is
Clerk of the Court is directed to remove the exhibits from
the motion (ECF No. 225 at 3-13) and append them as exhibits
to the March 29, 2019 traverse (as ECF No. 224-1);
Movant's subsequently-filed documents (ECF Nos. 229-39)
are placed in the court file and disregarded;
Within sixty days from the date of this order, plaintiff
shall complete and file with the court the attached Notice of
Election form and, if he elects to amend his traverse, append
his amended traverse that does not exceed 40 pages, excluding
exhibits. The amended traverse shall be complete in and of
itself and shall not incorporate any other filing by
reference. Failure to file the appended notice pursuant to
this order will result in the court considering only the
March 29, 2019 traverse and the added exhibits in ruling on
the pending § 2255 motion.
movant opts to file an amended traverse, respondent may file
a sur-reply fourteen days after service of the amended