Galindo v. Cate

Filing 28

SECOND ORDER STRIKING Plaintiff's Unsigned 26 & 27 Objections, and DIRECTING Clerk's Office to Return Plaintiff's Proposed Fifth Amended Complaint, signed by Magistrate Judge Sheila K. Oberto on 5/31/2011. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JESSE GALINDO,

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CASE NO. 1:09-cv-00624-OWW-SKO PC
Plaintiff,

SECOND ORDER STRIKING PLAINTIFF’S
UNSIGNED OBJECTION, AND DIRECTING
CLERK’S OFFICE TO RETURN PLAINTIFF’S
PROPOSED FIFTH AMENDED COMPLAINT

v.
MATTHEW CATE, et al.,

(Docs. 26 and 27)
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Defendants.
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Plaintiff Jesse Galindo is a state prisoner proceeding pro se and in forma pauperis in this civil
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rights action pursuant to 42 U.S.C. § 1983. On May 2, 2011, the Court screened Plaintiff’s fourth
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amended complaint and recommended that this action be dismissed for failure to state any claims
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under section 1983. On May 13, 2011, Plaintiff filed an unsigned one page objection and submitted
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a proposed fifth amended complaint. In an order filed on May 17, 2011, the objection was stricken
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from the record for lack of signature, Plaintiff was granted an extension of time to file a signed
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objection, and Plaintiff’s fifth amended complaint was returned to him.1 Plaintiff was informed that

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at this stage in the proceedings, he may not amend as a matter of right, and the Court has issued its
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recommendation following review of Plaintiff’s fourth amended complaint. Plaintiff was further
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informed that if he disagrees with the findings and recommendations, his recourse is limited to filing
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an objection, and he may not file another amended complaint in response to the findings and
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recommendations.
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The deadline to file a signed objection is June 16, 2011.

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On May 24, 2011, Plaintiff filed an amended objection, again unsigned, and a proposed fifth

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amended complaint. Because the objection was dated May 17, 2011, the Court recognizes that

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Plaintiff was not yet in receipt of the Court’s May 17, 2011, order when he submitted the amended

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objection and proposed fifth amended complaint.

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For the reasons set forth in the Court’s previous order and summarized above, Plaintiff’s

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unsigned amended objection is HEREBY ORDERED stricken from the record, and the Clerk’s

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Office is directed to return Plaintiff’s proposed fifth amended complaint to him.

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IT IS SO ORDERED.
Dated:
ie14hj

May 31, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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