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Camacho v. Vazquez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 13, 2009

NOLBERTO COTTON CAMACHO, PLAINTIFF,
v.
P.L. VAZQUEZ, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER STRIKING UNSIGNED COMPLAINT AND APPLICATION TO PROCEED IN FORMA PAUPERIS (Docs. 1 and 2) ORDER REQUIRING PLAINTIFF TO SUBMIT SIGNED FORMS WITHIN THIRTY DAYS

Plaintiff, a state prisoner proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983, together with an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. However, neither the complaint nor the application to proceed in forma pauperis was signed. Each document submitted for filing must include the original signature of the filing party or parties. Local Rule 7-131; Fed. R. Civ. P. 11(a).

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's unsigned complaint and in forma pauperis application are stricken from the record;

2. The Clerk's Office shall send Plaintiff a complaint form and an application to proceed in forma pauperis;

3. Within thirty (30) days of the date of service of this order, Plaintiff shall file a signed complaint and either file a signed application to proceed in forma pauperis or pay the $350.00 filing fee for this action in full; and

4. Failure to comply with this order will result in a recommendation that this action be dismissed, without prejudice.

IT IS SO ORDERED.

20090413

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