KENDALL J. NEWMAN, Magistrate Judge.
Petitioner is a state prisoner, proceeding pro se, with a petition for habeas corpus. On August 10, 2016, the undersigned denied petitioner's motion to compel production of further medical records, and recommended that respondent's motion to dismiss this action be granted as barred by the statute of limitations. On the same day, petitioner filed a motion for sanctions under Rule 11 of the Federal Rules of Civil Procedure based on respondent's alleged failure to provide medical and mental health records. His filing totaled 425 pages, including plaintiff's 110 page motion, 18 page declaration, and 291 exhibits. (ECF No. 34.) Accompanying his voluminous filing was petitioner's 18 page application for enlargement of the page limit to file such a long motion, including his jailhouse lawyer's declaration. (ECF No. 35.) Petitioner renews his arguments that respondent failed to provide petitioner with all of his medical records, heavily relying on court rulings in
However, at the time Mr. Snow mailed the 425 page filing on August 5, 2016, petitioner did not have benefit of the court's ruling on petitioner's motion to compel production of the medical and mental health records. Because petitioner's motion to compel was denied, there is no basis for an order imposing sanctions.
On August 25, 2016, petitioner filed an 85 page request for extension of time to file objections to the August 10, 2016 findings and recommendations.
The court notes that petitioner's filings are, in large part, being drafted and submitted by his jailhouse lawyer, Stephen F. Snow. Thus, petitioner and Mr. Snow are cautioned to exercise restraint in how objections to the findings and recommendations are drafted, and to avoid redundant and excess verbiage. For example, the court would have granted plaintiff's request for extension of time based on the first three pages of the 81 page request for extension; Mr. Snow's 30 page declaration was not required. Moreover, Mr. Snow has now documented his own experience in jailhouse lawyering in this case; he should focus the objections on the facts of petitioner's case. Also, decisions issued in
The undersigned has considered whether to impose a page limit on petitioner's objections. However, in light of the voluminous medical records addressed in the findings and recommendations, declines to do so. But petitioner is discouraged from submitting objections that exceed 25 pages. If petitioner contemplates submitting another voluminous filing, he should seek leave of court to do so
Finally, petitioner also moved to substitute Scott Kernan, Secretary of the CDCR, as respondent, claiming that Ray Fisher, Jr., is no longer warden of Valley State Prison. However, the CDCR website reflects that Mr. Fisher remains warden at VSP. Thus, petitioner's motion is denied without prejudice.
Accordingly, IT IS HEREBY ORDERED that:
1. Petitioner's motion for sanctions (ECF No. 33) is denied without prejudice;
2. Petitioner's motion for enlargement of page limit (ECF No. 34) is denied;
3. Petitioner's request for an extension of time (ECF No. 35) is granted;
4. Petitioner shall file objections to the findings and recommendations within thirty days from the date of this order; and
5. Petitioner's motion to substitute respondent (ECF No. 31) is denied without prejudice.