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United States v. Provost

United States District Court, Ninth Circuit, California, E.D. California
Jun 13, 2013
CV F 11-2080 LJO DLB (E.D. Cal. Jun. 13, 2013)

Opinion


UNITED STATES OF AMERICA, Plaintiff, v. ANDRE PAUL PROVOST, JR., Defendant. No. CV F 11-2080 LJO DLB United States District Court, E.D. California. June 13, 2013

          ORDER TO STRIKE (Doc. 66.)

          LAWRENCE J. O'NEILL, District Judge.

         U.S. Magistrate Judge Stanley Boone's May 24, 2013 order required defendant Andre Paul Provost, Jr. ("Mr. Provost"), no later than June 6, 2013, to file papers to show cause why Mr. Provost should not be held in contempt for failure to provide discovery responses and to obey orders. On June 5, 2013, Mr. Provost filed document 66 entitled "Plea in Abatement" ("doc. 66"). Doc. 66 fails to comply with the May 24, 2013; order.

         Doc. 66 contains frivolous matter which "should be summarily dismissed." See Crain v. Commissioner, 737 F.2d 1417, 1417 (5th Cir. 1984) ("We perceive no need to refute these arguments with somber reasoning and copious citation of precedent; to do so might suggest that these arguments have some colorable merit.")

         This Court will not indulge Mr. Provost by addressing doc. 66's frivolous matters. This Court surmises that Mr. Provost filed doc. 66 to vex and harass this Court and plaintiff United States of America. As such, this Court STRIKES doc. 66 and again ADMONISHES Mr. Provost to discontinue to file frivolous papers, such as doc. 66. This Court FURTHER ADMONISHES Mr. Provost that he must obey the Federal Rules of Civil Procedure and this Court's Local Rules and orders and is subject to sanctions as this Court deems appropriate.

         IT IS SO ORDERED.


Summaries of

United States v. Provost

United States District Court, Ninth Circuit, California, E.D. California
Jun 13, 2013
CV F 11-2080 LJO DLB (E.D. Cal. Jun. 13, 2013)
Case details for

United States v. Provost

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. ANDRE PAUL PROVOST, JR., Defendant.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Jun 13, 2013

Citations

CV F 11-2080 LJO DLB (E.D. Cal. Jun. 13, 2013)