Delacruz v. Ryan et al
Filing
10
ORDER Within 30 days of the date this Order is filed, Plaintiff must file a completed and signed Certificate, using the Certificate form provided with this Order, certifying that Plaintiff's signature on the Certificate shall serve as an origina l signature on his Amended Complaint for the purposes Rule 3.4(a) of the Local Rules of Civil Procedure and Rule 11 of the Federal Rules of Civil Procedure. If Plaintiff fails to comply, the Clerk of Court must strike Plaintiff's Amended Complaint and enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff. Signed by Judge G Murray Snow on 11/29/11. (ESL)
1
WO
KM
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
Juan F. Delacruz,
Plaintiff,
10
11
vs.
12
Charles L. Ryan, et al.,
13
Defendants.
)
)
)
)
)
)
)
)
)
)
No. CV 11-1745-PHX-GMS (MEA)
ORDER
14
15
On September 2, 2011, Plaintiff Juan F. Delacruz, who is confined in the Arizona
16
State Prison Complex-Florence, filed a pro se civil rights Complaint pursuant to 42 U.S.C.
17
§ 1983 and an Application to Proceed In Forma Pauperis. On October 12, 2011, the Court
18
granted Plaintiff’s Application to Proceed and dismissed the Complaint with leave to amend.
19
On November 3, 2011, Plaintiff filed an Amended Complaint.
20
I.
Amended Complaint is not Signed
21
All pleadings must be signed by the party if the party is not represented by an
22
attorney. Fed. R. Civ. P. 11(a) and LRCiv 3.4(a), 7.1(b)(1). An unsigned pleading must be
23
stricken unless omission of the signature is corrected promptly after being called to the
24
attention of the party. Fed. R. Civ. P. 11(a).
25
26
days from the filing date of this Order to submit a completed and signed Certificate, using
27
the Certificate form included with this Order, certifying that Plaintiff’s signature on the
28
JDDL
Plaintiff’s Amended Complaint is unsigned. Therefore, Plaintiff will be permitted 30
Certificate shall serve as an original signature on his Amended Complaint for the purposes
1
of Rule 3.4(a) of the Local Rules of Civil Procedure and Rule 11 of the Federal Rules of
2
Civil Procedure.
3
II.
Warnings
4
A.
5
Plaintiff must file and serve a notice of a change of address in accordance with Rule
6
83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other
7
relief with a notice of change of address. Failure to comply may result in dismissal of this
8
action.
B.
9
Address Changes
Copies
10
Plaintiff must submit an additional copy of every filing for use by the Court. See
11
LRCiv 5.4. Failure to comply may result in the filing being stricken without further notice
12
to Plaintiff.
13
C.
Possible Dismissal
14
If Plaintiff fails to timely comply with every provision of this Order, including these
15
warnings, the Court may dismiss this action without further notice. Ferdik v. Bonzelet, 963
16
F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to
17
comply with any order of the Court).
18
IT IS ORDERED:
19
(1)
Within 30 days of the date this Order is filed, Plaintiff must file a completed
20
and signed Certificate, using the Certificate form provided with this Order, certifying that
21
Plaintiff’s signature on the Certificate shall serve as an original signature on his Amended
22
Complaint for the purposes Rule 3.4(a) of the Local Rules of Civil Procedure and Rule 11
23
of the Federal Rules of Civil Procedure.
(2)
24
If Plaintiff fails to file, within 30 days, a completed and signed Certificate on
25
26
Complaint and enter a judgment of dismissal of this action without prejudice and without
27
further notice to Plaintiff.
28
JDDL
the form provided with this Order, the Clerk of Court must strike Plaintiff’s Amended
....
-2-
1
(3)
The Clerk of Court must mail Plaintiff a Certificate form.
2
DATED this 29th day of November, 2011.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JDDL
-3-
1
______________________________
2
______________________________
3
______________________________
(Your Name and Address)
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
Juan F. Delacruz,
10
Plaintiff,
11
vs.
12
Charles L. Ryan, et al.,
13
Defendants.
)
)
)
)
)
)
)
)
)
)
No. CV11-1745-PHX-GMS (MEA)
CERTIFICATE
14
15
I, Juan F. Delacruz, hereby certify:
16
I have read the pro se Amended Complaint (Doc. 9) filed by me on November 3,
17
2011, and to the best of my knowledge, information, and belief, formed after an inquiry
18
reasonable under the circumstances:
19
(1)
20
harass or to cause unnecessary delay or needless increase in the cost
21
of litigation;
22
(2)
23
warranted by existing law or by a nonfrivolous argument for the
24
extension, modification, or reversal of existing law or the
25
establishment of new law;
26
(3)
27
support or, if specifically so identified, are likely to have evidentiary
28
it is not being presented for any improper purpose, such as to
the claims, defenses, and other legal contentions therein are
the allegations and other factual contentions have evidentiary
-4-
1
support after a reasonable opportunity for further investigation or
2
discovery; and
3
(4)
4
evidence or, if specifically so identified, are reasonably based on a
5
lack of information or belief.
the denials of factual contentions are warranted on the
6
I further certify that my signature on this document shall serve as an original
7
signature on the above-referenced Amended Complaint for the purposes of Local Rule of
8
Civil Procedure 3.4(a) and Rule 11 of the Federal Rules of Civil Procedure.
9
10
EXECUTED on this______day of______________________________, 2011.
11
12
(Signature of Plaintiff)
Juan F. Delacruz
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-5-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?