Tucker v. Calvin et al

Filing 15

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/15/09 GRANTING 14 Motion to Strike. Plaintiff is granted 20 days from the date of this order to file an opposition to the motion to dismiss. (Dillon, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. D. CALVIN, Defendant. / Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendant's September 9, 2009, motion to strike. For the following reasons, this motion is granted. On July 25, 2009, defendants filed a motion to dismiss. On September 2, 2009, inmate Hakeem Akbar filed an opposition to the motion on plaintiff's behalf. This motion is not signed by plaintiff. As noted by defendants in the motion to strike, Fed. R. Civ. P. 11 requires that every pleading must be signed by an attorney of record or by a party if the party is unrepresented. The opposition filed September 2, 2009, does not comply with Rule 11 because it is not signed by plaintiff. Because inmate Akbar is not a lawyer, he may not file pleadings on plaintiff's behalf. 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SAMUEL H. TUCKER, Plaintiff, No. CIV S-09-0087 GGH P

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 tuck87.stri

Accordingly, IT IS HEREBY ORDERED that: 1. Defendants' September 9, 2009, motion to strike (no. 14) is granted; 2. Plaintiff is granted twenty days from the date of this order to file an opposition to the motion to dismiss. DATED: September 15, 2009 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE

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