Chau

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