(PC) Chavez v. Ramirez ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PABLO CHAVEZ, Case No. 1:20-cv-01269-ADA-HBK (PC) 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO STRIKE PLAINTIFF’S UNSIGNED NOTICE 13 v. OF VOLUNTARY DISMISSAL 14 RAMIREZ, et al., (Doc. No. 17) 15 Defendants. 16 17 Plaintiff is appearing pro se and in forma pauperis in this civil rights action. On June 16, 18 2023, Plaintiff filed an unsigned and undated notice of voluntary dismissal. (Doc. No. 17, 19 “Notice”). Rule 11 requires all pleadings, written motions, and other papers be signed by at least 20 one attorney of record or by a party personally if the party is unrepresented. Fed. R. Civ. P. 21 11(a); see also E.D. Ca. Local Rule 131(b). “The Court must strike an unsigned paper unless the 22 omission is promptly corrected after being called to the attorney’s or party’s attention.” Id. Here, 23 considering Plaintiff does not have access to CM/ECF, the Court directs the Clerk to strike the 24 unsigned Notice. To the extent Plaintiff wishes the Court to voluntarily dismiss this action, 25 he must promptly refile a signed and dated notice of voluntary dismissal in accordance with 26 Rules 11 and 41 of the Federal Rules of Civil Procedure before the district court judge 27 considers the pending Findings and Recommendation (Doc. No. 13). 28 Finally, within his notice, Plaintiff requests legal advice regarding this case and his other 1 | cases. (See Doc. No. 17). The Court cannot give legal advice as it “would undermine district 2 || judges’ role as impartial decision makers.” Pliler v. Ford, 542 U.S. 225, 231 (2004); see also 3 | Lopez v. Smith, 203 F.3d 1222, 1131 n.13 (9th Cir. 2000). “For a judge to give advice to a pro set 4 | litigant on the legal process ‘would entail the district court’s becoming a player in the adversary 5 | process rather than remaining its referee.’” Russo v. Sherman, 2019 WL 6998773, at *4 (C.D. 6 | Cal. Oct. 25, 2019) (quoting Jacobsen y. Filler, 709 F.2d 1362, 1365-66 (9th Cir. 1986)). 7 Accordingly, it is ORDERED: 8 The Clerk is directed to STRIKE Plaintiff's notice of voluntary dismissal. (Doc. No. 17). 9 | Dated: __June 26, 2023 Wiha Th areA Zack 11 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28