Gradford v. McDougall et al

Filing 94

ORDER STRIKING the following: Plaintiff's Motion to vacate voluntary dismissal; Plaintiff's Response to opposition to this motion; his request to subpoena mental health records, all for Plaintiff's lack of signature 90 , 91 , 92 signed by Magistrate Judge Gary S. Austin on 5/1/2020. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM J. GRADFORD,

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Plaintiff,
v.
DEPUTY TIEXIERA and DEPUTY
McCARTHY,
Defendants.

1:17-cv-00201-DAD-GSA-PC
ORDER STRIKING THE FOLLOWING:
1-PLAINTIFF’S MOTION TO VACATE
VOLUNTARY DISMISSAL, 2PLAINTIFF’S RESPONSE TO THE
OPPOSITION TO THIS MOTION, AND,
3-HIS REQUEST TO SUBPOENA
MENTAL HEALTH RECORDS, ALL
FOR LACK OF PLAINTIFF’S
SIGNATURE
(ECF Nos. 90, 91, 92.)

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William J. Gradford (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. On May 8, 2019, this case was

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dismissed with prejudice on the parties’ stipulation and the case was closed. (ECF No. 88.)

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On March 18, 2020, Plaintiff filed a motion to vacate the voluntary dismissal and schedule

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a settlement conference. (ECF No. 90.) On April 3, 2020, Plaintiff filed a response to the

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opposition to his motion. (ECF No. 91.) On April 10, 2020, Plaintiff filed a request for issuance

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of a subpoena. (ECF No. 92.) None of these documents were signed by Plaintiff. All filings

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submitted to the court must bear the signature of the filing party. Local Rule 131; Fed. R. Civ.
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P. 11(a). Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to vacate the voluntary

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dismissal and schedule a settlement conference filed on March 18, 2020; Plaintiff ‘s response to

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the opposition filed on April 3, 2020; and Plaintiff’s request for issuance of a subpoena filed on

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April 10, 2020, are STRICKEN from the record for lack of Plaintiff’s signature.

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IT IS SO ORDERED.
Dated:

May 1, 2020

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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