Madden v. Hicks et al

Filing 10

ORDER STRIKING Unsigned Filings (Docs. 8 & 9 ) and ORDER Directing Clerk of Court to Serve Third Order re Consent or Request for Reassignment on Plaintiff signed by Magistrate Judge Barbara A. McAuliffe on 6/10/2018. Plaintiff shall re-submit Objections to F&R and Order re Consent with appropriate signatures within fourteen (14) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RYAN P. MADDEN,

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Plaintiff,

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ORDER STRIKING UNSIGNED FILINGS
(ECF Nos. 8, 9)

v.
HICKS, et al.,

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Defendants.

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ORDER DIRECTING CLERK OF COURT TO
SERVE THIRD ORDER RE CONSENT OR
REQUEST FOR REASSIGNMENT ON
PLAINTIFF
FOURTEEN (14) DAY DEADLINE

Plaintiff Ryan P. Madden (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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Case No. 1:18-cv-00255-DAD-BAM (PC)

pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

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On February 23, 2018, the Court ordered Plaintiff to either consent to or decline

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Magistrate Judge jurisdiction. (ECF No. 3.) On April 9, 2018, the Court issued a second order

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requiring Plaintiff to either consent to or decline Magistrate Judge jurisdiction within thirty (30)

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days. (ECF No. 5.) Plaintiff failed to consent to or decline Magistrate Judge jurisdiction within

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the relevant time periods. Thus, on May 22, 2018, the Court issued findings and

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recommendations to dismiss this action, without prejudice, for failure to obey court orders and

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failure to prosecute. (ECF No. 7.) Those findings and recommendations were served on Plaintiff

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and contained notice that any objections thereto were to be filed within fourteen (14) days after

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service. (Id. at 3.)

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On June 7, 2018, Plaintiff filed his consent to jurisdiction of a United States Magistrate

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Judge, (ECF No. 8), and his objections to the pending findings and recommendations, (ECF No.

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9). In his objections, Plaintiff notes that he is under the care of California State Prison Mental

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Health Delivery System at the Enhanced Out Patient Level of Care and suffers from severe

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depression, anxiety, PTSD, and addiction to poly substances. Plaintiff asks for a second chance,

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and states that he has located and signed the consent form. (Id.)

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The Court notes that although Plaintiff’s name is printed on the consent form, there is no

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signature. (ECF No. 8.) Furthermore, Plaintiff’s objections and the attached proof of service are

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also unsigned. Unsigned filings cannot be considered by the Court, and therefore Plaintiff’s

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filings will be stricken. Fed. R. Civ. P. 11(a); Local Rule 131. However, in light of Plaintiff’s

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pro se status, the Court will allow Plaintiff an extension of time to resubmit his objections and his

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response consenting to or declining Magistrate Judge jurisdiction.

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Accordingly, within fourteen (14) days from the date of service of this order, Plaintiff is

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HEREBY ORDERED to resubmit his objections to the Court’s findings and recommendations

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and his response consenting to or declining Magistrate Judge jurisdiction, with the appropriate

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signatures. Plaintiff’s failure to comply with this order will result in the submission of the

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Court’s pending findings and recommendations recommending dismissal of this action to the

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assigned District Judge.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 10, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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