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)

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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

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