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James v. Scribner

United States District Court, E.D. California
Feb 21, 2006
CV F-04-5878 REC DLB P (E.D. Cal. Feb. 21, 2006)

Opinion

CV F-04-5878 REC DLB P.

February 21, 2006


Order Striking Plaintiff's Motion to Preserve Exculpatory Evidence [Doc # 77].


Plaintiff John E. James ("plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On August 8, 2005, plaintiff filed a plaintiff served defendants with the motion. After 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 F.R.C.P. 5; Local Rule 5-135. 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.

Defendants appeared in this action on June 3, 2005 by filing an answer. Plaintiff failed to serve defendants with the motion filed on August 8, 2005. Accordingly, Document Number 77 filed on August 8, 2005 is HEREBY STRICKEN from the record.

IT IS SO ORDERED.


Summaries of

James v. Scribner

United States District Court, E.D. California
Feb 21, 2006
CV F-04-5878 REC DLB P (E.D. Cal. Feb. 21, 2006)
Case details for

James v. Scribner

Case Details

Full title:JOHN E. JAMES, Plaintiff, v. A.K. SCRIBNER, et. al., Defendants

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

Date published: Feb 21, 2006

Citations

CV F-04-5878 REC DLB P (E.D. Cal. Feb. 21, 2006)