Gutierrez v. Gutierrez

Filing 29

ORDER GRANTING Defendants' 28 Motion to Strike Plaintiff's 24 Opposition; ORDER STRIKING Plaintiff's 24 Opposition for Lack of Signature, With Leave to File an Opposition Bearing His Signature Within Twenty Days, signed by Magistrate Judge Gary S. Austin on 8/1/2014. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 G. J. GUTIERREZ, 12 13 14 15 1:13-cv-00421-GSA-PC ORDER GRANTING DEFENDANTS’ MOTION TO STRIKE PLAINTIFF’S OPPOSITION (Doc. 28.) Plaintiff, vs. A. GUTIERREZ, ORDER STRIKING PLAINTIFF’S OPPOSITION FOR LACK OF SIGNATURE, WITH LEAVE TO FILE AN OPPOSITION BEARING HIS SIGNATURE WITHIN TWENTY DAYS (Doc. 24.) Defendant. 16 17 18 19 G. J. Gutierrez ("Plaintiff") is a state prisoner proceeding pro se in this civil rights 20 action pursuant to 42 U.S.C. ' 1983. This case now proceeds on the initial Complaint filed by 21 Plaintiff on March 22, 2013, against defendant Correctional Officer A. Gutierrez (“Defendant”) 22 for use of excessive force and failure to protect Plaintiff. (Doc. 1.) 23 24 On July 31, 2014, Defendant filed a motion to strike Plaintiff’s opposition to Defendant’s motion to dismiss, for lack of Plaintiff’s signature. (Doc. 28.) 25 Defendant’s motion to strike shall be granted. An examination of Plaintiff’s opposition, 26 filed on June 30, 2014, shows that it does not contain Plaintiff’s signature. (Doc. 24.) All 27 filings submitted to the court must bear the signature of the filing party. Local Rule 131; Fed. 28 1 1 R. Civ. P. 11(a). Plaintiff’s opposition shall be stricken1 from the record, with leave to file an 2 opposition bearing his signature within twenty days. Defendant may file a reply to the signed 3 opposition within twenty days of the date the signed opposition is filed. 4 Based on the foregoing, IT IS HEREBY ORDERED that: 5 1. 6 7 GRANTED; 2. 8 9 Plaintiff’s opposition to Defendant’s motion to dismiss, filed on June 30, 2014, is STRICKEN from the record; 3. 10 11 Defendant’s motion to strike Plaintiff=s opposition, filed on July 31, 2014, is Plaintiff may file an opposition bearing his signature within twenty days of the date of service of this order; and 4. 12 Defendant’s reply to the signed opposition, if any, is due within twenty days of the date the signed opposition is filed. 13 14 15 IT IS SO ORDERED. Dated: August 1, 2014 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 1 A document which is “stricken” will not be considered by the Court for any purpose. (Informational Order, Doc. 4 at 2 ¶II.A.) 2

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