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Kelvin Sims v. Sherry Lopez

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


December 14, 2011

KELVIN SIMS,
PLAINTIFF,
v.
SHERRY LOPEZ, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge

ORDER STRIKING PLAINTIFF'S FIRST MOTION TO EXTEND TIME TO FILE AMENDED COMPLAINT AND GRANTING PLAINTIFF THIRTY DAYS TO EITHER FILE A SIGNED MOTION OR AN AMENDED COMPLAINT (ECF No. 14)

Plaintiff is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. On December 9, 2011, plaintiff filed an unsigned motion to extend time to file an amended complaint. Unsigned documents cannot be considered by the Court, and Plaintiff's motion shall be stricken from the record on that ground. Fed. R. Civ. P. 11(a); Local Rule 131(b). In order to allow Plaintiff an opportunity to file a signed motion, Plaintiff shall be granted thirty days to file either an amended complaint or a motion for an extension of time.

Accordingly, it is HEREBY ORDERED that within thirty (30) days from the date of service of this order, Plaintiff shall either file an amended complaint or a motion for an extension of time. The failure to comply with this order will result in dismissal of this action.

IT IS SO ORDERED.

20111214

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