Foster v. Enenmoh et al

Filing 84

ORDER Striking 83 Amended Declarations filed by A. Enenmoh, signed by District Judge Lawrence J. O'Neill on 12/5/12. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL LOUIS FOSTER,

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CASE NO. 1:08-cv-01849-LJO-SKO PC

Plaintiff,

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v.

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ORDER STRIKING AMENDED
DECLARATIONS

A. ENENMOH,

(Doc. 83)
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Defendant.
/

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Plaintiff Michael Louis Foster, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on December 3, 2008. On October 1, 2012,

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Defendant filed a motion for summary judgment and after obtaining two extensions of time, Plaintiff

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filed his opposition on December 3, 2012.

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On December 4, 2012, without seeking leave of court, Defendant filed a notice directed to

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the Clerk of the Court requesting that the attached declarations be substituted for the previously-filed

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declarations due to revisions made pursuant to 28 U.S.C. § 1746.

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Defendant failed to seek leave of court and Defendant’s action is prejudicial to Plaintiff, who

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just filed his lengthy opposition. Defendant enjoys no entitlement to amend his pending motion for

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summary judgment without leave of court, and his filing is HEREBY ORDERED STRICKEN from

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the record.

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IT IS SO ORDERED.

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Dated:
b9ed48

December 5, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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