VanDaalen v. Travis et al

Filing 6

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 Complaint for the purposes Rule 3.4 of the Local Rules of Civil Procedure and Rule 11 of the Federal Rules of Civil Procedure. If Plaintiff fails to file, within 30 days, a completed and signed Certificate on the form provided with this Order, the Clerk of Court must strike Plaintiff's Complaint and enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff. The Clerk of Court must mail Plaintiff a Certificate form. Signed by Senior Judge Robert C Broomfield on 4/25/2012. (KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Daniel VanDaalen,
Plaintiff,

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vs.

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CO II C. Travis, et al.,
Defendants.

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No. CV 12-642-PHX-RCB (ECV)
ORDER

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On March 26, 2012, Plaintiff Daniel VanDaalen, who is confined in the Arizona State

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Prison Complex-Tucson in Tucson, Arizona, filed a pro se civil rights Complaint pursuant

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to 42 U.S.C. § 1983 (Doc. 1) and an Application to Proceed In Forma Pauperis. On March

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28, 2012, he filed a Motion for Appointment of Counsel.

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I.

Complaint is not signed

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All pleadings must be signed by the party if the party is not represented by an

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attorney. Fed. R. Civ. P. 11(a) and LRCiv 3.4, 7.1(b)(1). An unsigned pleading must be

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stricken unless omission of the signature is corrected promptly after being called to the

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attention of the party. Fed. R. Civ. P. 11(a).

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the filing date of this Order to submit a completed and signed Certificate, using the

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Certificate form included with this Order, certifying that Plaintiff’s signature on the

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Certificate shall serve as an original signature on his Complaint for the purposes of Rule 3.4

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JDDL

Plaintiff’s Complaint is unsigned. Therefore, Plaintiff will be permitted 30 days from

of the Local Rules of Civil Procedure and Rule 11 of the Federal Rules of Civil Procedure.

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II.

Warnings

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A.

Address Changes

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Plaintiff must file and serve a notice of a change of address in accordance with Rule

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83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other

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relief with a notice of change of address. Failure to comply may result in dismissal of this

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action.

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B.

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Plaintiff must submit an additional copy of every filing for use by the Court. See

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LRCiv 5.4. Failure to comply may result in the filing being stricken without further notice

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Copies

to Plaintiff.

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C.

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If Plaintiff fails to timely comply with every provision of this Order, including these

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warnings, the Court may dismiss this action without further notice. Ferdik v. Bonzelet, 963

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F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to

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comply with any order of the Court).

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IT IS ORDERED:
(1)

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Possible Dismissal

Within 30 days of the date this Order is filed, Plaintiff must file a completed

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and signed Certificate, using the Certificate form provided with this Order, certifying that

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Plaintiff’s signature on the Certificate shall serve as an original signature on his Complaint

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for the purposes Rule 3.4 of the Local Rules of Civil Procedure and Rule 11 of the Federal

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Rules of Civil Procedure.
(2)

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If Plaintiff fails to file, within 30 days, a completed and signed Certificate on

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enter a judgment of dismissal of this action without prejudice and without further notice to

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Plaintiff.

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....

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the form provided with this Order, the Clerk of Court must strike Plaintiff’s Complaint and

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(3)

The Clerk of Court must mail Plaintiff a Certificate form.

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DATED this 25th day of April, 2012.

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______________________________
______________________________
______________________________
(Your Name and Address)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

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Daniel VanDaalen,

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Plaintiff,

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vs.

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CO II C. Travis, et al.,

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Defendants.

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No. CV 12-642-PHX-RCB (ECV)
CERTIFICATE

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I, Daniel VanDaalen, hereby certify:

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I have read the pro se Complaint (Doc. 1) filed by me on March 26, 2012, and to

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the best of my knowledge, information, and belief, formed after an inquiry reasonable

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under the circumstances:

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(1)

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harass or to cause unnecessary delay or needless increase in the cost

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of litigation;

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(2)

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warranted by existing law or by a nonfrivolous argument for the

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extension, modification, or reversal of existing law or the

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establishment of new law;

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(3)

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support or, if specifically so identified, are likely to have evidentiary

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support after a reasonable opportunity for further investigation or

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discovery; and

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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

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(4)

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evidence or, if specifically so identified, are reasonably based on a

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lack of information or belief.

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the denials of factual contentions are warranted on the

I further certify that my signature on this document shall serve as an original

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signature on the above-referenced Complaint for the purposes of Local Rule of Civil

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Procedure 3.4 and Rule 11 of the Federal Rules of Civil Procedure.

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EXECUTED on this______day of______________________________, 2012.

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(Signature of Plaintiff)
Daniel VanDaalen

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