UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
October 2, 2011
AVENAL STATE PRISON, DEFENDANTS.
The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge
ORDER STRIKING COMPLAINT AND
REQUIRING PLAINTIFF TO FILE SIGNED
COMPLAINT FORM WITHIN THIRTY DAYS (ECF No. 4)
On September 15, 2011, Plaintiff Jordache Stepter ("Plaintiff") filed a civil rights Complaint. (ECF No. 4.) However, Plaintiff failed to sign his Complaint. (Id.)
The Court cannot consider unsigned filings. Fed. R. Civ. P. 11(a) ("[e]very pleading...must be signed...by a party personally if the party is unrepresented"). Accordingly, this Complaint shall be stricken from the record. Plaintiff will be given thirty days to file a signed complaint that complies with Federal Rule of Civil Procedure 8(a).*fn1
Plaintiff has thirty days to file a signed complaint that complies with Federal Rule of Civil Procedure 8(a).
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's Complaint is stricken from the record for lack of signature;
2. Within thirty (30) days from the date of service of this Order, Plaintiff must file a signed complaint; and
3. The failure to comply with this Order will result in dismissal of this action.
IT IS SO ORDERED.