Mercer v. Matevousian et al

Filing 18

ORDER Striking Unsigned Filing; ORDER Directing Plaintiff to Re-Submit Objections to Findings and Recommendations signed by Magistrate Judge Barbara A. McAuliffe on 10/24/2018. Fourteen-Day Deadline. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM MERCER,

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Plaintiff,

ORDER STRIKING UNSIGNED FILING
(ECF No. 17)

v.
MATEVOUSIAN, et al.,

ORDER DIRECTING PLAINTIFF TO RESUBMIT OBJECTIONS TO FINDINGS AND
RECOMMENDATIONS

Defendants.
FOURTEEN (14) DAY DEADLINE

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Case No. 1:18-cv-00265-DAD-BAM (PC)

Plaintiff William Mercer (“Plaintiff”) is a federal prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Fed.

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Bureau of Narcotics, 403 U.S. 388 (1971).

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On October 5, 2018, the Court issued findings and recommendations that this action be

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dismissed based on Plaintiff’s failure to state a cognizable Bivens claim upon which relief can be

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granted. (ECF No. 16.) Those findings and recommendations were served on Plaintiff and

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

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service. (Id. at 5–6.) On October 17, 2018, Plaintiff filed objections to the pending findings and

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recommendations. (ECF No. 17.)

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The Court notes that the objections are a single page in length, and it appears there may be

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one or more pages missing. In addition, there is no signature on the filing. Unsigned filings

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cannot be considered by the Court, and therefore Plaintiff’s filing will be stricken. Fed. R. Civ. P.
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11(a); Local Rule 131. However, in light of Plaintiff’s pro se status, the Court will allow Plaintiff

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an extension of time to resubmit his objections with the appropriate signature.

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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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with the appropriate signature. Plaintiff’s failure to comply with this order will result in the

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submission of the Court’s pending findings and recommendations recommending dismissal of

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this action to the assigned District Judge, without Plaintiff’s objections.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 24, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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