Flores v. Commissioner of Social Security

Filing 10

ORDER signed by Magistrate Judge Allison Claire on 12/18/14 ORDERING that Plaitiff's 12/17/14, Notice and Response 9 , 8 , are both STRIKEN. Plaintiff shall, within seven days, file a response to the order to show cause, 7 , and a statement that service documents have been submitted to the U.S. Marshal's Service. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSE FLORES,

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No. 2:14-cv-02650-AC
Plaintiff,

v.

ORDER

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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On December 17, 2014, this court ordered plaintiff to show cause why his case should not

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be dismissed for his failure to comply with the court’s November 17, 2014, order directing

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plaintiff to submit to the United States Marshal a completed summons and copies of the

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complaint within fourteen (14) days. ECF No. 7. On December 17, 2014, plaintiff’s counsel

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submitted a response to the order to show. ECF No. 9. The response is signed by Diana

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Treadway, who declares that the service documents were submitted to the United States Marshal

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on November 26, 2014 and that plaintiff’s counsel had missed the filing deadline for the proof of

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service because of a clerical error by Ms. Treadway. Id. In a separate Notice of Submission to

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U.S. Marshall’s Office for Service, which was also filed on December 17 and signed by Ms.

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Treadway, she states that she is an employee at the law office of plaintiff’s counsel. ECF No. 8.

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Unfortunately, both the Response to the Order to Show Cause and the Notice of

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Submission are deficient in two important respects. First, filings must be signed by either the

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litigant, if he is pro se, or his attorney. Fed. R. Civ. P. 11(a); Local Rule 131. Ms. Treadway

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does not purport to be, and a search on the State Bar of California’s website reveals that she in

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fact is not, an attorney. ECF Nos. 9 & 10. If plaintiff’s counsel wishes to file a declaration from

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Ms. Treadway she must attach that declaration to a properly signed document. Second, neither

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filing includes a “/s/” before the filer’s signature as required by Local Rule 131.

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In accordance with the foregoing, IT IS HEREBY ORDERED that

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1. Plaintiff’s December 17, 2014, notice and response, ECF Nos. 8 & 9, are both

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STRICKEN.
2. Plaintiff shall, within seven days, file a response to the order to show cause, ECF No.

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7, and a statement that service documents have been submitted to the U.S. Marshal’s Service,

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both of which must comply with Fed. R. Civ. P. 11(a) and Local Rule 131.

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DATED: December 18, 2014

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