Windham v. Marin et al

Filing 59

ORDER DENYING Plaintiff's 37 Request to Order Defendants to Submit a "Verified" Answer to the Complaint signed by Magistrate Judge Barbara A. McAuliffe on 12/23/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES W. WINDHAM,

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Plaintiff,
v.
M. MARIN, et al.,

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Defendants.

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1:14-cv-01636-DAD-BAM (PC)
ORDER DENYING PLAINTIFF’S
REQUEST TO ORDER DEFENDANTS TO
SUBMIT A “VERIFIED” ANSWER TO THE
COMPLAINT
(ECF No. 37)

Plaintiff Charles W. Windham (“Plaintiff”) is a state prisoner proceeding pro se in this

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civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s Eighth

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Amendment claims of excessive force against Defendants M. Marin, D. Uribe, W. Rasley, J.

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Contreras, A. Capano, R. Rubio, and Doe #1, and for deliberate indifference to serious medical

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needs against Defendants C. Navarro, V. Morales, M. Marin, and S. Shiver.

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Currently before the Court is Plaintiff’s request for the Court to order Defendants to

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submit a verified answer, in which Plaintiff argues that Defendants should be required to submit

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a verified answer to his complaint. (ECF No. 36). Under Federal Rule of Civil Procedure 11(a),

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every pleading must be signed by at least one attorney of record in the attorney’s name, but

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“[u]nless a rule or statute specifically states otherwise, a pleading need not be verified or

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accompanied by affidavit.” Fed. R. Civ. P. 11(a). The answer here is signed by Defendants’

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counsel of record, and there is no rule or statute in the circumstances of this case requiring any

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verified answer.
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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s request for the Court to order
Defendants to submit a verified answer (ECF No. 37) is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 23, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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