Saldana v. Spearman et al

Filing 65

ORDER signed by Magistrate Judge Allison Claire on 5/3/2021 DENYING plaintiff's 63 motion to strike. Within 7 days, defendant Passwaters shall file a properly signed and dated declaration. Failure to do so will result in the original declaration being disregarded. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMUEL SALDANA,

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Plaintiff,

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No. 2:18-cv-0319 AC P

v.

ORDER

M.E. SPEARMAN, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C.

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§ 1983, has filed a motion to strike defendant’s declaration in support of his motion for summary

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judgment. ECF No. 63. He requests that the declaration be stricken on the ground that it is not

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dated. Id. Review of the declaration reveals that the date is incomplete. ECF No. 56-4 at 3.

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Defendant Passwater will be given an opportunity to remedy his defective declaration and he may

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submit a properly signed and dated declaration. See 28 U.S.C. § 1746 (unsworn declarations

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must include the date on which they are executed). It is not necessary for defendant to resubmit

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the attachment to his declaration. Failure to submit an amended declaration will result in the

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original declaration being disregarded.
Plaintiff also requests that the memorandum attached to the declaration be stricken

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because it is not dated. ECF No. 63. However, there is no requirement that the attached

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memorandum be dated to be admissible, and regardless, it is dated August 8, 2017. ECF No. 56-

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4 at 5.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to strike, ECF No. 63, is DENIED.

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2. Within seven days of the service of this order defendant Passwaters shall file a

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properly signed and dated declaration. Failure to do so will result in the original

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declaration being disregarded.

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DATED: May 3, 2021

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