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Smith v. Yates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 12, 2009

MICHAEL LENOIR SMITH, PLAINTIFF,
v.
WARDEN JAMES YATES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER STRIKING UNSIGNED COMPLAINT, AND REQUIRING PLAINTIFF TO FILE SIGNED COMPLAINT WITHIN THIRTY DAYS

(Doc. 1)

Plaintiff Michael LeNoir Smith is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on May 7, 2009, but did not sign the complaint. Each document submitted for filing must include the original signature of the filing party or parties. Fed. R. Civ. P. 11(a); Local Rule 7-131.

For the foregoing reason, it is HEREBY ORDERED that:

1. Plaintiff's unsigned complaint is STRICKEN from the record;

2. The Clerk's Office shall send Plaintiff a complaint form;

3. Plaintiff shall file a signed complaint within thirty (30) days from the date of service of this order; and

4. The failure to file a signed complaint in compliance with this order will result in dismissal of this action.

IT IS SO ORDERED.

20090512

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