Birdsall v. James, et al.

Filing 33

ORDER Striking Plaintiff's Unsigned 32 Opposition to Motion to Dismiss re 32 , signed by Magistrate Judge Barbara A. McAuliffe on 11/30/17. Opposition Due: 12/26/2017. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM BIRDSALL,

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Plaintiff,

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v.

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D. JAMES, et al,

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Case No. 1:14-cv-01738-DAD-BAM (PC)
ORDER STRIKING PLAINTIFF’S
UNSIGNED OPPOSITION TO MOTION TO
DISMISS
(ECF No. 32)

Defendants.

Plaintiff’s Opposition Due: December 26, 2017

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Plaintiff William Birdsall (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s second amended complaint against Defendant James for violation of Plaintiff’s due

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process rights.

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On October 2, 2017, Defendant James filed a motion to dismiss Plaintiff’s second

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amended complaint. (ECF No. 23.) After initially failing to file an opposition, on November 22,

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2017, Plaintiff was granted a thirty-day extension of time to file a response to the motion to

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dismiss. (ECF No. 31.) Plaintiff’s opposition is therefore due on or before December 26, 2017.

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On November 29, 2017, Plaintiff filed an opposition to the motion to dismiss. (ECF No.

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32.) The Court notes that Plaintiff’s opposition, including the proof of service, is undated and

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unsigned. Both the Federal Rules of Civil Procedure and this Court’s Local Rules require that all

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filed pleadings, motions, and papers be signed by at least one attorney of record or by the party
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personally if the party is unrepresented. Fed. R. Civ. P. 11(a); Local Rule 131(b). Unsigned

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filings cannot be considered by the Court and therefore, Plaintiff’s filing shall be stricken from

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the record. Id.

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As the extended deadline for Plaintiff’s opposition has not yet expired, Plaintiff is granted
until December 26, 2017, to resubmit his opposition with the appropriate signature.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s opposition to Defendant’s motion to dismiss (ECF No. 32) is STRICKEN

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from the record;
2. Plaintiff’s signed opposition to Defendant’s motion to dismiss shall be filed on or

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before December 26, 2017; and
3. Defendant’s reply shall be due within seven (7) days following the date of service of
Plaintiff’s signed opposition to the motion to dismiss.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 30, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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