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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM BIRDSALL, 12 Plaintiff, 13 v. 14 D. JAMES, et al, 15 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 16 17 Plaintiff William Birdsall (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on 19 Plaintiff’s second amended complaint against Defendant James for violation of Plaintiff’s due 20 process rights. 21 On October 2, 2017, Defendant James filed a motion to dismiss Plaintiff’s second 22 amended complaint. (ECF No. 23.) After initially failing to file an opposition, on November 22, 23 2017, Plaintiff was granted a thirty-day extension of time to file a response to the motion to 24 dismiss. (ECF No. 31.) Plaintiff’s opposition is therefore due on or before December 26, 2017. 25 On November 29, 2017, Plaintiff filed an opposition to the motion to dismiss. (ECF No. 26 32.) The Court notes that Plaintiff’s opposition, including the proof of service, is undated and 27 unsigned. Both the Federal Rules of Civil Procedure and this Court’s Local Rules require that all 28 filed pleadings, motions, and papers be signed by at least one attorney of record or by the party 1 1 personally if the party is unrepresented. Fed. R. Civ. P. 11(a); Local Rule 131(b). Unsigned 2 filings cannot be considered by the Court and therefore, Plaintiff’s filing shall be stricken from 3 the record. Id. 4 5 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. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Plaintiff’s opposition to Defendant’s motion to dismiss (ECF No. 32) is STRICKEN 8 9 from the record; 2. Plaintiff’s signed opposition to Defendant’s motion to dismiss shall be filed on or 10 11 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. 12 13 14 15 IT IS SO ORDERED. Dated: /s/ Barbara November 30, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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