Walker v. King et al

Filing 136

ORDER ALLOWING Plaintiff to Correct Declarations; ORDER DIRECTING Clerk to Send Plaintiff a Copy of his Oppositions to Defendants Davis, Nicks, Perryman, and Poole's Motion for Summary Judgment signed by Magistrate Judge Erica P. Grosjean on 6/2/2020. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROGER WALKER,

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Case No. 1:16-cv-01665-AWI-EPG (PC)

Plaintiff,

ORDER ALLOWING PLAINTIFF TO
CORRECT DECLARATIONS

v.

ORDER DIRECTING CLERK TO SEND
PLAINTIFF A COPY OF HIS
OPPOSITIONS TO DEFENDANTS DAVIS,
NICKS, PERRYMAN, AND POOLE’S
MOTION FOR SUMMARY JUDGMENT
(ECF NOS. 126, 127, 128, & 129).

TIM POOLE, et al.,

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Defendants.

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Roger Walker (“Plaintiff”) is a civil detainee proceeding pro se and in forma pauperis
in this civil rights action filed pursuant to 42 U.S.C. § 1983.
On April 23, 2020, Plaintiff filed oppositions to defendants Davis, Nicks, Perryman,

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and Poole’s motion for summary judgment. (ECF Nos. 126, 127, 128, & 129). However, as

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these defendants point out in their reply (ECF No. 132), Plaintiff’s declarations are not properly

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verified. To be admissible, a declaration must be subscribed by the declarant as true under

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penalty of perjury, in substantially the following form: “I declare (or certify, verify, or state)

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under penalty of perjury that the foregoing is true and correct. Executed on (date).

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(Signature).” 28 U.S.C. § 1746(2).

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Given Plaintiff’s pro se status, the Court will give Plaintiff an opportunity to correct this
defect.1
Accordingly, IT IS HEREBY ORDERED that Plaintiff has fourteen days from the date

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The Court is not giving Plaintiff leave to file additional evidence or to change the content of the
declarations or oppositions.
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of service of this order to properly verify and resubmit his declarations in opposition to

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defendants Davis, Nicks, Perryman, and Poole’s motion for summary judgment.

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IT IS FURTHER ORDERED that the Clerk of Court shall send Plaintiff a copy of his

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oppositions to defendants Davis, Nicks, Perryman, and Poole’s motion for summary judgment

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(ECF Nos. 126, 127, 128, & 129).

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IT IS SO ORDERED.
Dated:

June 2, 2020

/s/
UNITED STATES MAGISTRATE JUDGE

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