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Garcia v. Padgett

United States District Court, Eastern District of California
Mar 24, 2023
2:21-cv-0875 AC P (E.D. Cal. Mar. 24, 2023)

Opinion

2:21-cv-0875 AC P

03-24-2023

WILLIAM PATRICK GARCIA, Plaintiff, v. T. PADGETT, et al., Defendants.


ORDER

ALLISON CLAIRE, UNITED STATES MAGISTRATE JUDGE.

Plaintiff has filed two requests asking the court to permit him to file pleadings in excess of twenty-five-pages. ECF Nos. 10, 12. Specifically, he is asking for permission to file a thirty-six-page amended complaint. ECF No. 10 at 2; ECF No. 12 at 2. His current complaint is twentyseven pages in length, and it has eighty-one pages of attachments. See generally ECF No. 1.

The motions will be denied. The standing orders for this chambers limit the page number of initial pleadings to twenty. Despite this fact, and without having been given permission to do so, plaintiff has already exceeded that page limit with a twenty-seven-page pleading. In addition, Federal Rule of Civil Procedure 8 requires that pleadings only contain “a short and plain statement of the claim” which shows that the pleader is entitled to relief. Fed.R.Civ.P. 8(a)(2). For these reasons, both motions will be denied.

This court's Civil Rights Complaint By A Prisoner form, which plaintiff did not use, is only six pages in length. Although the form may be supplemented with additional pages, and does not itself establish any page limit, it illustrates what is required to present a “short and plain statement of the claim.”

Accordingly, IT IS HEREBY ORDERED that plaintiff's motions to file pleadings in excess of twenty-five pages (ECF Nos. 10, 12) are DENIED.


Summaries of

Garcia v. Padgett

United States District Court, Eastern District of California
Mar 24, 2023
2:21-cv-0875 AC P (E.D. Cal. Mar. 24, 2023)
Case details for

Garcia v. Padgett

Case Details

Full title:WILLIAM PATRICK GARCIA, Plaintiff, v. T. PADGETT, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Mar 24, 2023

Citations

2:21-cv-0875 AC P (E.D. Cal. Mar. 24, 2023)