Goods v. McCumber, et al.

Filing 62

ORDER signed by Magistrate Judge Kendall J. Newman on 07/16/18 ORDERING the Clerk of the Court shall send plaintiff a copy of plaintiff's 5/29/18 opposition, without the banner across the top 60 . Within 21 days, plaintiff shall re-file a signed and complete opposition to defendants' motion to dismiss. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY GOODS, 12 13 14 15 No. 2:14-cv-2580 TLN KJN P Plaintiff, v. ORDER JEFFERY McCUMBER, et al., Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel. On May 29, 2018, plaintiff filed 18 an opposition to defendants’ motion to dismiss. However, plaintiff did not sign his opposition. 19 In addition, plaintiff’s opposition appears to end mid-sentence at the bottom of his page 13. 20 Parties proceeding without counsel are required to sign all pleadings, motions, and other 21 papers submitted to the court for filing. Fed. R. Civ. P. 11(a). Thus, the court is unable to 22 consider plaintiff’s opposition unless he signs it. 23 Plaintiff is granted an opportunity to re-file his complete opposition, including a signature 24 page bearing his signature. Plaintiff is cautioned that this is not an opportunity for him to file a 25 new or amended opposition, but rather to provide the remainder of his opposition initially 26 submitted to prison officials for mailing on May 23, 2018. Further, plaintiff is warned that failure 27 to submit a signed opposition could result in the dismissal of this action based on plaintiff’s 28 failure to comply with this court’s order. Fed. R. Civ. P. 41(b). 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Clerk of the Court shall send plaintiff a copy of plaintiff’s May 29, 2018 3 4 opposition, without the banner across the top (ECF No. 60); and 2. Within twenty-one days, plaintiff shall re-file a signed and complete opposition to 5 defendants’ motion to dismiss. 6 Dated: July 16, 2018 7 8 9 10 /good2580.r11 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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