Pruitt v. Clark, et al.

Filing 30

ORDER Striking Motion 28 as Procedurally Defective, and Sua Sponte Granting Defendant Bonilla Fifteen Days Within Which to File a Response to Plaintiff's Amended Complaint 8 , signed by Magistrate Judge Sheila K. Oberto on 4/29/11. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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WILLIAM B. PRUITT,

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Plaintiff,

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CASE NO. 1:07-cv-01709-AWI-SKO PC
ORDER STRIKING MOTION AS
PROCEDURALLY DEFECTIVE, AND SUA
SPONTE GRANTING DEFENDANT
BONILLA FIFTEEN DAYS WITHIN WHICH
TO FILE A RESPONSE TO PLAINTIFF’S
AMENDED COMPLAINT

v.
CLARK, et al.,

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Defendants.
(Docs. 8 and 28)

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/

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Plaintiff William B. Pruitt, a state 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 November 26, 2007. On April 28, 2011,

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Defendants Curtiss, Laura, Swimford, and Wan (Defendants) filed an ex parte motion to quash

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service on behalf of Defendant Bonilla. Defendants cited to no legal authority for their motion,

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which is one ordinarily brought as a motion to dismiss under Federal Rule of Civil Procedure

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12(b)(5), and this failure deprives Plaintiff and the Court of adequate notice of the grounds

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supporting the motion. Fed. R. Civ. P. 7(b)(1). In addition, the declaration submitted by Defendants

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in support of their motion is inadmissible because it is unsigned and it fails to comply with Local

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Rule 131(f).

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The motion shall be stricken from the record as procedurally defective. Because Defendant

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Bonilla’s response to Plaintiff’s amended complaint is due on or before May 2, 2011, the Court will

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sua sponte grant a fifteen-day extension of time to file a response to the amended complaint.

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Accordingly, the motion to quash is HEREBY STRICKEN on the ground that it is

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procedurally defective, and Defendant Bonilla is GRANTED fifteen (15) days within which to file

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a response to Plaintiff’s amended complaint.

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IT IS SO ORDERED.

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Dated:
ie14hj

April 29, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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