Walker v. CA Dept of Corrections & Rehabilitation, et al

Filing 83

ORDER signed by Magistrate Judge Kendall J. Newman on 11/30/2017 ORDERING defendants to file properly dated declarations of defendants Nunez and Anaya within 14 days of the date of this order. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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K. JAMEL WALKER,

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No. 2: 09-cv-0569 WBS KJN P

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is defendants’ summary judgment motion. (ECF

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No. 60.) In support of their summary judgment motion, defendants filed the declaration of

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defendant Nunez. (ECF No. 60-7.) In the declaration, defendant Nunez refers to exhibits A and

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B, which he states are attached to the declaration. (Id. at 2.) These exhibits are not attached to

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the declaration.

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On November 27, 2017, defendants re-filed the declaration of defendant Nunez. (ECF

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No. 80.) The exhibits referred to in the declaration are attached to this re-filed declaration. (Id.)

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However, defendant Nunez’s declaration is not properly dated. (See ECF No. 80 at 4.) The

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declaration does not identify the year the declaration was signed. (Id.) The declaration of

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defendant Anaya, filed in support of defendants’ summary judgment motion, is also not properly
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dated. (See ECF No. 60-11 at 3.)
Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this

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order, defendants shall file properly dated declarations of defendants Nunez and Anaya.

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Dated: November 30, 2017

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Walk569.ord(2)
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