Moore v. Gipson et al

Filing 69

ORDER Striking Declaration of Non-Party 68 , signed by Magistrate Judge Barbara A. McAuliffe on 3/16/2018. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MERRICK JOSE MOORE, Case No. 1:13-cv-01820-DAD-BAM (PC) 12 Plaintiff, ORDER STRIKING DECLARATION OF NON-PARTY 13 14 v. (ECF No. 68) GIPSON, et al, 15 Defendants. 16 17 Plaintiff Merrick Jose Moore (“Plaintiff”) is a state prisoner proceeding pro se and in 18 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on 19 Plaintiff’s Eighth Amendment claims for excessive force against Defendants Meier, Casas, 20 Childress, and Adams, and for failure to intervene against Defendants Ford and Thornburg. This 21 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 22 Local Rule 302. 23 On March 12, 2018, a non-party, Carmi Johnson, filed a declaration in this matter. (ECF 24 No. 68.) Ms. Johnson identifies herself in the declaration as the cousin of Plaintiff. Attached are 25 various exhibits, including letters purportedly sent to Ms. Johnson from Plaintiff, emails, and 26 envelopes. 27 28 Both the Federal Rules of Civil Procedure and this Court’s Local Rules require that all filed pleadings, motions, and papers be signed by at least one attorney of record or by the party 1 1 2 personally if the party is represented. Fed. R. Civ. P. 11(a); Local Rule 131(b). The declaration does not state any particular motion or pending request in this action to 3 which it relates. Further, this document is not signed by an attorney of record or by a party, and 4 as such it will be stricken from the record. Plaintiff is advised that to the extent he would submit 5 evidence in support of a pending request, that evidence should be attached to a proper filing, 6 signed by Plaintiff, that explains what the evidence is and for what purpose it should be 7 considered. 8 Furthermore, at this time, the only pending matter is Plaintiff’s motion for an extension of 9 time regarding the submission of his discovery responses. Defendants’ opposition or statement of 10 11 12 non-opposition to that request is currently due on or before March 19, 2018. Accordingly, it is HEREBY ORDERED that the Declaration of Carmi Johnson, filed March 12, 2018, (ECF No. 68), is STRICKEN from the record. 13 14 15 IT IS SO ORDERED. Dated: /s/ Barbara March 16, 2018 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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