Trotter v. Pfeiffer

Filing 31

ORDER STRIKING Plaintiff's Two Unsigned 28 29 Motions to Compel signed by Magistrate Judge Barbara A. McAuliffe on 5/6/19. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES TROTTER,

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Plaintiff,

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Case No. 1:18-cv-00259-BAM (PC)
ORDER STRIKING PLAINTIFF’S TWO
UNSIGNED MOTIONS TO COMPEL

v.
(ECF Nos. 28, 29)
WARDEN PFEIFFER,

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Defendant.

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Plaintiff James Trotter 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.
Currently before the Court is Plaintiff’s motion to compel, filed on April 25, 2019, and

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Plaintiff’s motion to compel, filed on April 29, 2019. (ECF Nos. 28, 29.)

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However, both of Plaintiff’s motions to compel are not signed. Both Federal Rule of Civil

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Procedure 11(a) and this Court’s Local Rule 131(b) require that all pleadings and non-evidentiary

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documents must be signed by the filing party, if the filing party is unrepresented by counsel.

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Since Plaintiff is unrepresented by counsel and failed to sign either of his two motions to compel,

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the Court must strike both of Plaintiff’s motions to compel from the record.

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Accordingly, both of Plaintiff’s motions to compel, (ECF Nos. 28, 29), are STRICKEN
from the record for lack of Plaintiff’s signature.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 6, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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