Williams v. Paramo

Filing 16

ORDER signed by Magistrate Judge Kendall J. Newman on 08/08/17 ordering the clerk of the court shall send petitioner a copy of page 6 of the opposition without the CM/ECF banner at the top ECF 14 at 6. Within 21 days from the date of this order, petitioner shall complete and file the appended notice, along with a signed and dated page 6 of the opposition, or he shall re-file his opposition bearing his signature. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH WILLIAMS,

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Petitioner,

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No. 2:16-cv-2928 JAM KJN P

v.

ORDER

DANIEL PARAMO,

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Respondent.

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On July 28, 2017, petitioner, a state prisoner proceeding pro se, filed an opposition to

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respondent’s motion to dismiss. However, the opposition is not signed by petitioner. Rule 11 of

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the Federal Rules of Civil Procedure requires that all pleadings and other written filing be signed

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by litigants proceeding pro se. Accordingly, petitioner is required to submit a signature page that

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is signed for interlineation within the July 28, 2017 opposition, or petitioner may re-file his

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opposition bearing his signature.1
Petitioner is cautioned that failure to comply with this order will result in an order striking

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the opposition based on his violation of Rule 11. Fed. R. Civ. P. 11(a).

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This is not the first time petitioner has failed to sign a document submitted to the court for filing.
Petitioner’s initial pleading was not signed or dated. (ECF No. 1.) On March 21, 2017, petitioner
was granted leave to submit a signed and dated page 6 of the petition. (ECF No. 6.) All
documents submitted to the court for filing must bear petitioner’s signature. Fed. R. Civ. P.
11(a).
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In accordance with the above, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court shall send petitioner a copy of page 6 of the opposition without

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the CM/ECF banner at the top (ECF No. 14 at 6);
2. Within twenty-one days from the date of this order, petitioner shall complete and file

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the appended notice, along with a signed and dated page 6 of his opposition, or he shall re-file his

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opposition bearing his signature.

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Dated: August 8, 2017

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/will2928.r11

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH WILLIAMS,

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Petitioner,

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No. 2:16-cv-2928 JAM KJN P

v.

NOTICE OF SUBMISSION OF SIGNED
OPPOSITION OR SIGNATURE PAGE

DANIEL PARAMO,

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Respondent.

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Petitioner hereby submits the following documents in compliance with the court's order

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filed _____________________:
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Page 6 of July 28, 2017 opposition for interlineation

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Opposition signed and dated by petitioner

OR

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DATED:

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________________________________
Petitioner

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