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Dearel F. Gibson v. S. Sedwick

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 1, 2011

DEAREL F. GIBSON,
PLAINTIFF,
v.
S. SEDWICK, ET AL., THIRTY-DAY DEADLINE DEFENDANTS.

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

ORDER STRIKING COMPLAINT FROM RECORD FOR LACK OF SIGNATURE (ECF No. 1)

Plaintiff Dearel F. Gibson ("Plaintiff"), a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983, filed an unsigned complaint on July 19, 2011. Unsigned documents cannot be considered by the Court, and Plaintiff's complaint shall be stricken from the record on that ground. Fed. R. Civ. P. 11(a); Local Rule 131(b). Additionally, under Rule 8(a), a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). Plaintiff is advised that in his complaint, he shall state as briefly as possible the facts of his case, describing how each defendant is involved, and shall not give any legal arguments or cite to any cases or statutes. (See Form Complaint, § IV, enclosed with this order.)

Accordingly, it is HEREBY ORDERED that Plaintiff's complaint, filed July 19, 2011, is STRICKEN and Plaintiff SHALL file a complaint within thirty (30) days from the date of service of this order. The failure to comply with this order will result in dismissal of this action in its entirety.

IT IS SO ORDERED.

20110801

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