Charles Windham v. Rodriguez et al

Filing 35

ORDER Striking 34 Declaration of Non-Party, signed by Magistrate Judge Stanley A. Boone on 7/21/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES WINDHAM,
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Plaintiff,
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v.
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C. RODRIGUEZ, et al.,
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Defendants.
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Case No.: 1:16-cv-00979-AWI-SAB (PC)
ORDER STRIKING DECLARATION OF NONPARTY
(ECF No. 34)

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Plaintiff Charles Windham is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On July 20, 2017, a non-party, inmate Anthony Ivan Bobadilla, filed a declaration “in support

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of Plaintiff Windham’s pending court case/evidentiary hearing motion” in this matter. (ECF No. 34.)

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A proof of service made by Plaintiff is attached to the document. (Id. at 5.)

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

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pleadings, motions and papers be signed by at least one attorney of record or by the party personally if

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the party is unrepresented. Fed. R. Civ. P. 11(a); Local Rule 131(b).

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There is no pending evidentiary hearing motion in this matter. Further, this document is not

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signed by an attorney of record or by a party, and as such it will be stricken from the record. Plaintiff

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is advised that to the extent he would submit evidence in support of a pending request, that evidence
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should be attached to a proper filing, signed by Plaintiff, that explains what the evidence is and for

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what purpose it should be considered.
Accordingly, it is HEREBY ORDERED that the Declaration of Anthony Ivan Bobadilla, filed

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July 20, 2017 (ECF No. 34), is stricken from the record.

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IT IS SO ORDERED.

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Dated:

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July 21, 2017
UNITED STATES MAGISTRATE JUDGE

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