Williams v. Gage et al

Filing 75

ORDER granting Defendants' 72 Response to Motion/Motion to Strike and directs the Clerk to STRIKE Docket Numbers 70 and 71 from the docket. Signed by Hon. Mary Alice Theiler. **2 PAGE(S), PRINT ALL**(James Williams, Prisoner ID: 740600) (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JAMES ANTHONY WILLIAMS,

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Plaintiff,

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Case No. C18-0218-JCC-MAT
ORDER GRANTING MOTION TO
STRIKE

v.
BRUCE C GAGE, et al.,
Defendants.

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This is a 42 U.S.C. § 1983 prisoner civil rights action. On April 19, 2019, a non-party to

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this case and inmate at the Washington State Penitentiary (“WSP”), Joe J.W. Roberts Jr., filed a

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motion on behalf of plaintiff to consolidate this action with one Mr. Roberts has filed and to appoint

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counsel to represent them in bringing a class action complaint. (Dkt. 70.) Mr. Roberts explained

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in the motion and in an accompanying declaration (Dkt. 71) that plaintiff was on security

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enhancements at the WSP and was not allowed pen, paper, or to file or receive legal documents.

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(See Dkts. 70, 71.) Mr. Roberts, therefore, signed the motion and declaration on behalf of plaintiff.

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(See Dkt. 70 at 4; Dkt. 71 at 1.)

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Defendants have moved to strike Mr. Roberts’ submissions. (Dkt. 71.) Among other

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things, defendants point out that plaintiff never signed the submissions in violation of Federal Rule

ORDER GRANTING MOTION TO
STRIKE - 1

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of Civil Procedure 11(a), which provides, “Every pleading, written motion, and other paper must

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be signed . . . by a party personally if the party is unrepresented. . . . The court must strike an

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unsigned paper unless the omission is promptly corrected after being called to the . . . party’s

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attention.” Fed. R. Civ. P. 11(a) (emphasis added).

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The Court agrees with defendants that Rule 11(a) requires the Court to strike Mr. Roberts’

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submissions because plaintiff did not sign them. Defendants notified plaintiff of the deficiency in

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their motion to strike, which they filed on May 3, 2019. Although plaintiff was allegedly unable

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to access pen and paper at the time Mr. Roberts filed the motion to consolidate on April 19, 2019,

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staff at the WSP informed the Clerk of Court on May 9, 2019, that plaintiff had been transferred

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to the Monroe Correctional Complex. Therefore, based on the current record, the Court concludes

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that plaintiff has had sufficient opportunity to correct the omission but has not done so.

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Accordingly, the Court GRANTS defendants’ motion to strike (Dkt. 72) and directs the

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Clerk to STRIKE Docket Numbers 70 and 71 from the docket. The Clerk is directed to send copies

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of this order to the parties and to the Honorable John C. Coughenour.

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Dated this 28th day of May, 2019.

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A

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Mary Alice Theiler
United States Magistrate Judge

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ORDER GRANTING MOTION TO
STRIKE - 2