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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
KENNETH WILLIAMS,
12
Petitioner,
13
14
No. 2:16-cv-2928 JAM KJN P
v.
ORDER
DANIEL PARAMO,
15
Respondent.
16
On July 28, 2017, petitioner, a state prisoner proceeding pro se, filed an opposition to
17
18
respondent’s motion to dismiss. However, the opposition is not signed by petitioner. Rule 11 of
19
the Federal Rules of Civil Procedure requires that all pleadings and other written filing be signed
20
by litigants proceeding pro se. Accordingly, petitioner is required to submit a signature page that
21
is signed for interlineation within the July 28, 2017 opposition, or petitioner may re-file his
22
opposition bearing his signature.1
Petitioner is cautioned that failure to comply with this order will result in an order striking
23
24
the opposition based on his violation of Rule 11. Fed. R. Civ. P. 11(a).
25
1
26
27
28
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).
1
1
In accordance with the above, IT IS HEREBY ORDERED that:
2
1. The Clerk of the Court shall send petitioner a copy of page 6 of the opposition without
3
4
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
5
the appended notice, along with a signed and dated page 6 of his opposition, or he shall re-file his
6
opposition bearing his signature.
7
Dated: August 8, 2017
8
9
10
/will2928.r11
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
KENNETH WILLIAMS,
12
Petitioner,
13
14
No. 2:16-cv-2928 JAM KJN P
v.
NOTICE OF SUBMISSION OF SIGNED
OPPOSITION OR SIGNATURE PAGE
DANIEL PARAMO,
15
Respondent.
16
Petitioner hereby submits the following documents in compliance with the court's order
17
18
filed _____________________:
____
20
21
Page 6 of July 28, 2017 opposition for interlineation
____
19
Opposition signed and dated by petitioner
OR
22
23
DATED:
24
25
26
________________________________
Petitioner
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?