Chau

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL C. TOMASINI, No. 2:18-cv-00286-DAD-AC 12 Plaintiff, 13 v. ORDER 14 JAMES CHAU, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. Currently pending before the court is defendants’ 19 motion for summary judgment. ECF No. 74. The motion has been fully briefed by the parties. 20 ECF Nos. 76-77. 21 Neither plaintiff’s second amended complaint nor his opposition docketed on January 19, 22 2024 are signed under penalty of perjury.1 However, an unverified complaint or unsworn 23 statements made in a party’s brief cannot be considered as evidence in opposition to summary 24 judgment. Moran v. Selig, 447 F.3d 748, 759 & n. 16 (9th Cir. 2006) (stating that an unverified 25 complaint cannot be considered as evidence on motion for summary judgment). A verified 26 1 Plaintiff’s first amended complaint was signed under penalty of perjury because…