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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARCHIE A. MARTINEZ, 12 Plaintiff, 13 14 No. 09-cv-0680-KJM-CMK-P vs. ORDER G. HOOVER, et al., 15 Defendants. 16 / 17 Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant 18 to 42 U.S.C. ยง 1983. Pending before the court is a document docketed as objections to the 19 undersigned findings and recommendations (Doc. 92). However, a review of this document 20 reveals it is not signed, nor does it respond to the issues raised in the findings and 21 recommendations. Plaintiff was previously cautioned about filing documents without his 22 signature. As this document is not signed, in violation of Federal Rule of Civil Procedure Rule 23 11 and Local Rule 131(b), the document will be stricken from the docket. 24 To the extent plaintiff is attempting to renew his request for counsel, that request 25 has been denied and plaintiff makes no additional showing in the one page document that was 26 filed. 1 1 Plaintiff was ordered to file a status report on or before August 25, 2016. As he 2 failed to do so within the time provided, the undersigned issued findings and recommendations 3 that this action be dismissed for failure to prosecute. In response, plaintiff filed a request for 4 additional time to respond in order to allow a fellow inmate to review the case. This request was 5 granted and plaintiff was ordered to file his status report on or before November 11, 2016. Again 6 no response was received by the court. On November 22, 2016, the undersigned again issued 7 findings and recommendations that this action be dismissed for failure to prosecute. 8 9 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 10 discovery. There was nothing of any substance required to be filed. Plaintiff has had sufficient 11 time to respond both before and since his latest filing, but has failed to do so. He fails to make 12 any showing that additional time will produce any better response. To the extent he is requesting 13 additional time, that request is also denied. 14 Accordingly, IT IS HEREBY ORDERED that the document docketed as 15 objections to findings and recommendations (Doc. 92) is stricken as unsigned in violation of 16 Rule 11. 17 18 19 20 DATED: March 27, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 2

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