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Brian Keith Stafford v. P.J. Brazelton

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 5, 2012

BRIAN KEITH STAFFORD,
PLAINTIFF,
v.
P.J. BRAZELTON,
DEFENDANT.

ORDER STRIKING COMPLAINT AS UNSIGNED Doc. 17

ORDER GRANTING PLAINTIFF'S SECOND MOTION FOR EXTENSION OF TIME TO FILE CLAIMS ON COMPLAINT FORM Doc. 16 THIRTY DAY DEADLINE

On June 28, 2012, Plaintiff Brian Keith Stafford ("Plaintiff"), a state prisoner proceeding pro se, wrote a letter to the United States District Court, for the Northern District of California, complaining of conditions at Pleasant Valley State Prison ("PVSP"). Doc. 1. On June 28, 2012, the Court construed Plaintiff's letter as a civil rights action pursuant to 42 U.S.C. § 1983, and ordered Plaintiff to file his claims on a complaint form if he wanted to proceed. Doc. 3. On July 16, 2012, Plaintiff filed a motion for an extension of time in which to file his claims on a complaint form. Doc. 5. On October 11, 2012, the Court transferred this action to the United States District Court for the Eastern District of California, Fresno Division *fn1 since the claims in Plaintiff's letter took place at PVSP. Doc. 6.

On October 22, 2012, this Court granted Plaintiff's motion for extension of time to file his claims on a complaint form. Doc. 9. On November 30, 2012, Plaintiff filed a second motion for an extension of time in which to file his claims on a complaint form. Doc. 16.

On December 3, 2012, Plaintiff filed his claims on a complaint form, but his complaint is unsigned. Doc. 17. The Court must strike unsigned filings. Fed. R. Civ. P. 11(a).

In Plaintiff's motion for an extension of time in which to file his claims on a complaint form and in his unsigned complaint, he again states that the grievance process is not completed. Doc. 16. *fn2

The Court will grant Plaintiff's motion for extension of time to file his claims on a complaint form. However, Plaintiff is cautioned that pursuant to Local Rule 220, every pleading shall be complete in itself without reference to the prior or superseded pleading. The signed complaint must be complete in itself . The Court does not accept piecemeal complaints.

Accordingly, it is HEREBY ORDERED that:

1. Plaintiff's complaint, filed December 3, 2012, is STRICKEN, as unsigned;

2. Plaintiff's second motion for an extension of time in which to file his claims on a complaint form is GRANTED;

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

4. Within thirty (30) days from the date of service of this order, Plaintiff shall file his claims on a complaint form, which is complete in itself, and does not refer to any other pleadings ; and

5. If Plaintiff fails to submit a signed complaint on a complaint form within thirty (30) days, the Court will dismiss this action, without prejudice, for failure to prosecute.

IT IS SO ORDERED.

UNITED STATES MAGISTRATE JUDGE


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