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Arnett v. Walgreen Company, Inc.

United States District Court, E.D. California

March 31, 2014

TIMOTHY WAYNE ARNETT, Plaintiff,
v.
WALGREEN COMPANY, INC., Defendant.

ORDER DENYING PLAINTIFF'S MOTION TO CORRECT DOCKET (ECF No. 4) ORDER DENYING SERVICE AND STRIKING PLAINTIFF'S NOTICE OF SERVICE WAIVER (ECF No. 5) ORDER STRIKING COMPLAINT AND REQUIRING PLAINTIFF TO FILE COMPLAINT SIGNED BY EACH UNREPRESENTED PARTY (ECF No. 1) THIRTY (30) DAY DEADLINE

MICHAEL J. SENG, MAGISTRATE JUDGE

Plaintiff, Timothy Wayne Arnett, is proceeding pro se and in forma pauperis in this action. Plaintiff's Complaint is before the Court for screening. Also before the Court are Plaintiff's motions to correct the docket and for service by waiver.

I. SCREENING REQUIREMENT

The Court is required to screen complaints brought by individuals proceeding in forma pauperis. "Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that... the action or appeal... is frivolous or malicious... [or] fails to state a claim upon which relief may be granted; or seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. § 1915(e)(2)(B)(i-iii).

II. DISCUSSION

A. Complaint Unsigned

Every pleading must be signed personally by each unrepresented (in pro se) party. Fed.R.Civ.P. 11(a). Plaintiff is proceeding in pro se. As he is not a licensed attorney, Plaintiff does not have standing to assert the rights of any other person. Halet v. Wend Inv. Co. , 672 F.2d 1305, 1308 (9th Cir. 1982), citing Duke Power Co. v. Carolina Environmental Study Group , 438 U.S. 59, 80 (1978) (party must assert [his] own rights not those of third parties); accord Warth v. Seldin , 422 U.S. 490, 499 (1974). The Court must strike an unsigned pleading. Fed.R.Civ.P. 11(a).

The Complaint is not signed by Plaintiff Karen Suzanne Page. Timothy Arnett cannot sign on her behalf. Accordingly, the Complaint shall be stricken from the record. Plaintiff has thirty days to file a complaint that complies with Federal Rule of Civil Procedure 8(a)[1] and is signed by each unrepresented party.

B. No Cognizable Claim

Even if the current Complaint were signed, it sets forth no cognizable claim for relief.

1. Wrongful Death Claim

The parents of a childless decedent may bring a wrongful death action where a wrongful act or neglect caused the death. Cal. Civ. Proc. Code § 377.60(a); Nelson v. Count of Los Angeles , 113 Cal.App.4th 783, 789 (2003). Wrongful death actions are deemed to be "joint, single and indivisible" and all successor in interest claimants must be joined in the single action. Corder v. Corder , 41 Cal.4th 644, 652 (2007). The claimant who brings the action is responsible for joining all other known claimants. Hall v. Superior Court , 108 Cal.App.4th 706, 715 (2003).

Joint Plaintiff Karen Suzanne Page, the alleged mother of decedent, did not sign the pleading signifying her joinder in this action. The pleading is ...


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