Kinney v. Brazelton, et al.
Filing
91
ORDER STRIKING 88 Response filed by Dijon Kinney signed by Magistrate Judge Michael J. Seng on 1/2/2017. (Jessen, A)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
10
DIJON KINNEY,
11
12
13
14
CASE NO. 1:14-cv-00503-AWI-MJS (PC)
Plaintiff,
ORDER STRIKING ECF NO. 88
v.
P.D. BRAZELTON, et al.,
Defendants.
15
16
17
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
18
rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds against
19
Defendant Flores on Plaintiff’s Eighth Amendment claims for inadequate medical care
20
and cruel and unusual punishment.
21
On May 27, 2016, the undersigned issued an order denying Plaintiff’s third motion
22
to reopen discovery, but also requiring Defendant to undertake certain efforts to resolve
23
specified discovery disputes. (ECF No. 56.) Defendant objected to that order. (ECF No.
24
64.) On October 19, 2016, the District Judge overruled the objections and referred the
25
matter back to the undersigned. (ECF No. 71.)
26
Before the Court is Plaintiff’s December 30, 2106 “Response” to the District
27
Judge’s order. (ECF No. 88.) The response does not seek relief from the order. Instead,
28
1
it appears to be a belated opposition to Defendant’s objections, which, as stated, have
2
been ruled on.
3
More significantly, however, the response is not signed by Plaintiff. See Fed. R.
4
Civ. P. 11(a). It bears a proof of service dated December 16, 2016 and signed by an
5
inmate named William Long at the La Palma Correctional Facility in Eloy, Arizona.
6
Plaintiff was moved from La Palma on or before October 17, 2016. Absent Plaintiff’s
7
signature, there is nothing to indicate that this filing was authorized by Plaintiff.
8
Accordingly, ECF No. 88 is HEREBY STRICKEN because it is unsigned.
9
10
11
IT IS SO ORDERED.
Dated:
January 2, 2017
/s/
12
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?