Saldana v. Spearman et al

Filing 68

ORDER signed by Magistrate Judge Allison Claire on 05/28/2021 DENYING 67 Plaintiff's Motion to strike.(Rodriguez, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

SAMUEL SALDANA,

12
13
14

No. 2:18-cv-0319 AC P

Plaintiff,
v.

ORDER

M.E. SPEARMAN, et al.,

15

Defendants.

16
17

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

18

§ 1983, has filed a motion to strike defendant’s corrected declaration on the ground that it was

19

untimely. ECF No. 67.

20

The court ordered defendant to file a properly signed declaration within seven days of the

21

service of the order. ECF No. 65. Although the order was signed on May 3, 2021, it was not

22

filed and served until May 4, 2021. Id. That was the trigger date for the seven-day period to file.

23

Consequently, defendant’s declaration, filed on May 11, 2021, ECF No. 66, was timely filed.

24

Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to strike, ECF No. 67, is

25

DENIED.

26

DATED: May 28, 2021

27
28