Kennedy et al v. Patzkowski et al

Filing 42

ORDER OF CLARIFICATION AND DIRECTING DOCUMENTS BE STRICKEN FOR LACK OF SIGNATURE - striking 30 Complaint 14 , 16 , 17 , 18 and 19 Motions. Signed by Judge Salvador Mendoza, Jr. Plaintiff Jackson shall file no further documents in this action. (VR, Courtroom Deputy)**3 PAGE(S), PRINT ALL**(Clinton Kennedy, Prisoner ID: 304188) Modified on 5/22/2018 to add bold text (VR, Courtroom Deputy).

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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May 22, 2018

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

SEAN F. MCAVOY, CLERK

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CLINTON KENNEDY,
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NO: 4:18-CV-05028-SMJ
Plaintiff,

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v.
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S. PATZKOWSKI, L. ROBERTS, T.
MINK, R. GONZALES, T. SNYDER,
J. AIYEKU, F. IVEY, A –
GONZALES, D. HOLBROOK, S.
SUNDBURG, C. SCHETTLER, D.
CALDWELL and J. BENNETT,

ORDER OF CLARIFICATION AND
DIRECTING DOCUMENTS BE
STRICKEN FOR LACK OF
SIGNATURE

Defendants.

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By Order filed April, 23, 2018, the Court directed that the claims of Plaintiff
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Clinton Kennedy be severed from those of Plaintiff Kyntrel Jackson, a.k.a. Sinister
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Daevayasnaham God, and that each Plaintiff proceed in his own separate action.
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ECF No. 28. The initial complaint received on February 16, 2018, ECF No. 1,
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became the operative complaint in this action when filed on April 25, 2018, ECF
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No. 30. On the same date, the Court granted Plaintiff Kennedy’s request to proceed
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in forma pauperis. ECF No. ECF No. 29.
ORDER OF CLARIFICATION AND DIRECTING DOCUMENTS BE
STRICKEN FOR LACK OF SIGNATURE --1

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As a point of clarification, neither Donna Hubbs nor Alisa Ridenaur were

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named as Defendants in the initial complaint in this action, ECF No. 1. Therefore,

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when this action was severed, they were terminated on April 23, 2018. Plaintiff

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Jackson is free to litigate against Defendant Hubbs in his separate action if he

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chooses. If Plaintiff Kennedy wishes to add Ms. Hubbs as a Defendant to this

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action, he is free to amend his complaint to add her as a Defendant and to present

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facts showing how she violated his constitutionally protected rights.

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The Court had also received numerous documents labeled “Motions” which
were unsigned. See ECF Nos. 14, 16, 17, 18 and 19. Although these deficiencies

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were brought to the attention of both Plaintiffs proceeding in this action at that

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time, Plaintiff Kennedy has failed to sign these motions or the original, operative

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complaint, ECF Nos. 1 and 30.

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The Court has compared the signatures on documents presented for the

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purpose of proceeding in forma pauperis, ECF Nos. 2, 3, and 8, and finds that Mr.

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Kennedy has not signed the original Complaint, ECF Nos. 1 and 30, or any of the

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Motions in this action as required by Federal Rule of Civil Procedure 11(a).

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Consequently, this Court is required by that same rule to strike the Complaint, ECF

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No. 30, as well as the Motion for Preliminary Injunction, ECF No. 14, the

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Motion/Emergency Complaint, ECF No. 16, the Motion for Change of Judge, ECF

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ORDER OF CLARIFICATION AND DIRECTING DOCUMENTS BE
STRICKEN FOR LACK OF SIGNATURE --2

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No. 17, the Motion for Appointment of Counsel, ECF No. 18, and the Motion for

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Physical and Mental Examination, ECF No. 19.

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Accordingly, IT IS ORDERED that the Clerk of Court shall STRIKE from

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the record the Complaint, ECF No. 30, and the Motions, ECF Nos. 14, 16, 17, 18

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and 19, as required by Federal Rule of Civil Procedure 11(a). The Clerk of Court

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shall also TERMINATE any notes for hearing associated with these Motions.

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Any future documents Plaintiff Jackson may wish to file may be filed in his

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separate action, 4:18-cv-5069-SMJ. Again, if Plaintiff Kennedy wishes to proceed

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with this action, he must amend his complaint as directed in the Order to Amend or

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Voluntarily Dismiss, entered on April 25, 2018, ECF No. 31. Plaintiff Kennedy

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must sign each document he presents to the Court, including any First Amended

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Complaint he may choose to file. Any document which is received without

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Plaintiff Kennedy’s signature will be stricken as required by Federal Rule of Civil

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Procedure 11(a).

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IT IS SO ORDERED. The Clerk of Court is directed to enter this Order

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and provide copies to both Plaintiff Kennedy and to Plaintiff Jackson. Plaintiff

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Jackson shall file no further documents in this action.

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DATED this 22nd day of May 2018.

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__________________________
SALVADOR MENDOZA, JR.
United States District Judge
ORDER OF CLARIFICATION AND DIRECTING DOCUMENTS BE
STRICKEN FOR LACK OF SIGNATURE --3