Muhammad v. Copenhagen et al

Filing 22

ORDER STRIKING Plaintiff's Unsigned 19 Response to Motion for Summary Judgment, and Unsigned 20 Motion for Extension of Time; ORDER REQUIRING Plaintiff to File Signed Response to Motion for Summary Judgment; Thirty (30) Day Deadline signed by Magistrate Judge Stanley A. Boone on 2/16/2017. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MUHAYMIN SHABAZZ MUHAMMAD 12 13 14 15 16 17 18 19 20 Plaintiff, v. WARDEN COPENHAVER, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-CV-00521-AWI-SAB (PC) ORDER STRIKING PLAINTIFF’S UNSIGNED RESPONSE TO MOTION FOR SUMMARY JUDGMENT, (ECF No. 19), AND UNSIGNED MOTION FOR EXTENSION OF TIME, (ECF No. 20) ORDER REQUIRING PLAINTIFF TO FILE SIGNED RESPONSE TO MOTION FOR SUMMARY JUDGMENT THIRTY (30) DAY DEADLINE Plaintiff Muhaymin Shabazz Muhammad a federal prisoner proceeding pro se and in forma 21 pauperis pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971.). This matter was 22 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(1)(B) and Local Rule 302. 23 On February 10, 2017, Plaintiff filed an unsigned response to Defendants’ motion for summary 24 judgment. (ECF No. 19.) On February 13, 2017, Plaintiff filed an unsigned motion for an extension of 25 time to file an amended response (ECF No. 20.) 26 On February 16, 2017, the United States filed an objection to Plaintiff’s unsigned response and 27 unsigned motion, requesting that the documents be stricken. The United States also stated some 28 arguments regarding the substance of the response. Finally, the United States noted that if Plaintiff 1 1 was given additional time to provide a signed response, the moving parties should be given time to file 2 a reply to that response. 3 Plaintiff’s response to the motion for summary judgment, and motion for an extension of time, 4 are both procedurally deficient because Plaintiff failed to sign these filings as required by Rule 11(a) 5 of the Federal Rules of Civil Procedure and Local Rule 131(b). Thus, both of these filings shall be 6 stricken from the record. 7 Plaintiff will be permitted thirty (30) days to file a signed opposition or statement of non- 8 opposition to the motion for summary judgment that complies with Federal Rules of Civil Procedure 9 and the Local Rules. Pursuant to Local Rule 230(l), “[t]he moving party may, not more than seven (7) 10 days after the opposition has been filed in CM/ECF, serve and file a reply to the opposition.” 11 Accordingly, it is HEREBY ORDERED that: 12 1. Plaintiff’s response to Defendants’ motion for summary judgment, filed February 19, 13 2017 (ECF No. 19), and motion for extension of time, (ECF No. 20), are stricken from the record for 14 lack of signature; and 2. 15 16 Within thirty (30) days from the date of service of this order, Plaintiff shall file an opposition or statement of non-opposition to Defendants’ motion for summary judgment. 17 18 IT IS SO ORDERED. 19 Dated: 20 February 16, 2017 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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