Martinez v. Hoover, et al

Filing 93

ORDER signed by Magistrate Judge Craig M. Kellison on 03/27/17 ordering that the document docketed as objections to findings and recommendations 92 is stricken as unsigned in violation of Rule 11. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARCHIE A. MARTINEZ,

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Plaintiff,

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No. 09-cv-0680-KJM-CMK-P

vs.

ORDER

G. HOOVER, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is a document docketed as objections to the

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undersigned findings and recommendations (Doc. 92). However, a review of this document

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reveals it is not signed, nor does it respond to the issues raised in the findings and

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recommendations. Plaintiff was previously cautioned about filing documents without his

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signature. As this document is not signed, in violation of Federal Rule of Civil Procedure Rule

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11 and Local Rule 131(b), the document will be stricken from the docket.

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To the extent plaintiff is attempting to renew his request for counsel, that request

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has been denied and plaintiff makes no additional showing in the one page document that was

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filed.
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Plaintiff was ordered to file a status report on or before August 25, 2016. As he

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failed to do so within the time provided, the undersigned issued findings and recommendations

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that this action be dismissed for failure to prosecute. In response, plaintiff filed a request for

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additional time to respond in order to allow a fellow inmate to review the case. This request was

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granted and plaintiff was ordered to file his status report on or before November 11, 2016. Again

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no response was received by the court. On November 22, 2016, the undersigned again issued

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findings and recommendations that this action be dismissed for failure to prosecute.

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The only thing plaintiff was required to file was a status report indicating whether
this case was ready for dispositive motion deadlines, or whether there was still outstanding

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discovery. There was nothing of any substance required to be filed. Plaintiff has had sufficient

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time to respond both before and since his latest filing, but has failed to do so. He fails to make

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any showing that additional time will produce any better response. To the extent he is requesting

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additional time, that request is also denied.

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Accordingly, IT IS HEREBY ORDERED that the document docketed as

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objections to findings and recommendations (Doc. 92) is stricken as unsigned in violation of

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Rule 11.

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DATED: March 27, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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