Hunter v. Youngblood et al

Filing 57

ORDER STRIKING 56 Response to Order to Show Cause Signed By Third Party, and Directing Clerk to Serve Order on Plaintiff at Lerdo Pretrial Facility as a Courtesy, signed by Magistrate Judge Sheila K. Oberto on 6/7/2012. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEROY DEWITT HUNTER,

CASE NO. 1:07-cv-01126-AWI-SKO PC

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Plaintiff,

ORDER STRIKING RESPONSE TO ORDER
TO SHOW CAUSE SIGNED BY THIRD
PARTY, AND DIRECTING CLERK’S OFFICE
TO SERVE ORDER ON PLAINTIFF AT
LERDO PRETRIAL FACILITY AS A
COURTESY

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v.
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DONNY YOUNGBLOOD, et al.,
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Defendants.
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(Doc. 56)

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FIFTEEN-DAY DEADLINE TO FILE SIGNED
RESPONSE

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/

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Plaintiff Leroy Dewitt Hunter, a prisoner proceeding pro se and in forma pauperis, filed this
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civil rights action pursuant to 42 U.S.C. § 1983 on August 3, 2007. On May 23, 2012, the Court
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ordered Plaintiff to show cause why this action should not be dismissed for failure to prosecute.
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Plaintiff was given thirty days within which to respond. On May 29, 2012, a response was filed
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bearing the printed signature “Sincerely, Law Clerk” with initials. (Doc. 56.)
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Filings may not be signed and submitted on behalf of Plaintiff by another individual. Fed.
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R. Civ. P. 11(a). Plaintiff is proceeding pro se and he is required to sign all filings. Id. Therefore,
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the response shall be stricken from the record.
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Plaintiff’s address of record is Kern Valley State Prison and the Court notes that the address
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on the filing is Kern County’s Lerdo facility in Bakersfield. As a courtesy, the Court will direct the
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Clerk’s Office to serve Plaintiff at both addresses. However, Plaintiff is obligated to notify the
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Court of any change to his address and the Court will not change his address of record based
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on a filing signed by a third party.
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Accordingly, it is HEREBY ORDERED that:

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The response is STRICKEN from the record;

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2.

Plaintiff has fifteen (15) days from the date of service of this order to file a signed

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response; and

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3.

As a courtesy, in addition to serving Plaintiff at his address of record (KVSP), the

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Clerk’s Office shall serve this order on Plaintiff at the address and with the booking

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number listed in document 56 (Lerdo).

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IT IS SO ORDERED.

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Dated:
ie14hj

June 7, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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