Opinion

(PC) Wilkins v. Barber

Court
District Court, E.D. California
Filed
Sep 23, 2019
Cited by
0 cases
Authority
More cited than 17.3%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 KEENAN WILKINS, aka NERRAH No. 2:19-cv-1338 KJN P

BROWN,

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Plaintiff,

13 ORDER

v.

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DR. CHRISTINE S. BARBER, et al.,

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Defendants.

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17 Plaintiff is a state prisoner, proceeding without counsel. Plaintiff seeks relief pursuant to

18 42 U.S.C. § 1983, and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C.

19 § 1915. This proceeding was referred to this court pursuant to 28 U.S.C. § 636(b)(1) and Local

20 Rule 302. On July 24, 2019, plaintiff filed a motion for preliminary injunctive relief in which he

21 seeks pain medication, neck surgery for his disc herniation, a cortisone shot in his shoulder, and

22 renewal of his orthopedic shoe chrono. The court requested an informal response from the

23 Supervising Deputy Attorney General, which was provided. However, since the response was

24 filed, plaintiff has filed multiple declarations, allegedly in support of his motion, or in reply to the

25 informal response provided. (ECF Nos. 14, 16, 18, 19, 20, 21).

26 Plaintiff is advised that briefing on motions is governed by Local Rule 230(l), which

27 contemplates the filing of a motion, an opposition, and a reply. Id. The court has not granted

28 plaintiff leave to file additional declarations, and he has not sought court permission to do so.

1 | Therefore, plaintiff is provided an opportunity to file one reply in which he includes all of his

2 || arguments in reply to Dr. Adams’ declaration. If plaintiff fails to respond to this order, the

3 | undersigned will only consider plaintiff's reply to Dr. Adams’ declaration (ECF No. 17), and

4 | plaintiff's remaining declarations will be placed in the court file and disregarded (ECF Nos. 14,

5 | 16, 18, 19, 20, 21).

6 Further, once plaintiff files his reply, plaintiff shall file nothing further until the court

7 | addresses the pending motion for injunctive relief. Failure to comply with this order may result in

8 | the imposition of sanctions, including, but not limited to, the recommendation that this action be

9 | terminated. Rule 41(b) of the Federal Rules of Civil Procedure provides for the involuntary

10 | dismissal of an action where a litigant fails to comply with the Federal Rules or a court order.

11 | Plaintiff is warned that violation of this court order may result in the dismissal of his case.

12 Accordingly, IT IS HEREBY ORDERED that within thirty days from the date of this

13 | order, plaintiff shall file one reply to the August 13, 2019 declaration of A. Adams (ECF No. 15).

14 | Dated: September 23, 2019

15 Al Norra

16 KENDALL J. Wha

/ilk1338.onereply UNITED STATES MAGISTRATE JUDGE

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1 Plaintiff is advised that the filing of multiple, unauthorized documents unduly congests the

26 || court record and impinges on the court’s ability to address the merits of plaintiff's claims, as well

as other dispositive matters. “Judges in the Eastern District of California carry the heaviest

27 || caseloads in the nation, and this Court is unable to devote inordinate time and resources to

individual cases and matters.” Cortez v. City of Porterville, 5 F. Supp. 3d 1160, 1162 (E.D. Cal.

28 | 2014).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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