Cranford v. Medina

Filing 25

ORDER STRIKING THIRD Amended Complaint for Lack of Signature 22 ; ORDER for Plaintiff to File a FOURTH Amended Complaint bearing his signature within thirty days, signed by Magistrate Judge Gary S. Austin on 04/7/15. ( FOURTH Amended Complaint due by 5/11/2015) (Attachments: # 1 Amended Complaint Form)(Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ARCHIE CRANFORD, 12 1:13-cv-00210-GSA-PC Plaintiff, 13 ORDER STRIKING THIRD AMENDED COMPLAINT FOR LACK OF SIGNATURE (Doc. 22.) vs. 14 RENEE MEDINA, et al., 15 Defendants. ORDER FOR PLAINTIFF TO FILE A FOURTH AMENDED COMPLAINT BEARING HIS SIGNATURE WITHIN THIRTY DAYS 16 17 18 19 20 I. BACKGROUND 21 Archie Cranford (APlaintiff@) is a civil detainee proceeding pro se with this civil rights 22 action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint initiating this action on 23 February 8, 2013. (Doc. 1.) On June 11, 2014, Plaintiff filed the Third Amended Complaint. 24 (Doc. 22.) 25 II. DISCUSSION 26 The Third Amended Complaint is unsigned. (Doc. 22 at 6.) All filings submitted to the 27 court must bear the signature of the filing party. Local Rule 131; Fed. R. Civ. P. 11(a). 28 Accordingly, Plaintiff's Third Amended Complaint shall be stricken from the record for lack of 1 1 signature. Plaintiff shall be afforded an opportunity to file a Fourth Amended Complaint which 2 bears his signature and is signed under penalty of perjury.1 3 III. CONCLUSION 4 Based on the foregoing, it is HEREBY ORDERED that: 5 1. 6 Plaintiff=s Third Amended Complaint, filed on June 11, 2014, is STRICKEN from the record for lack of Plaintiff=s signature, with leave to amend; 7 2. The Clerk=s Office shall send Plaintiff a civil rights complaint form; 8 3. Within thirty (30) days from the date of service of this order, Plaintiff shall file 9 a Fourth Amended Complaint which bears Plaintiff=s signature and is signed 10 11 under penalty of perjury; 4. 12 13 Plaintiff shall caption the amended complaint AFourth Amended Complaint@ and refer to the case number 1:13-cv-00210-GSA-PC; and 5. 14 If Plaintiff fails to comply with this order, this action will be dismissed for failure to state a claim upon which relief may be granted. 15 16 17 IT IS SO ORDERED. Dated: April 7, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 1 The Fourth Amended Complaint must be dated and signed by Plaintiff, attesting under penalty of perjury to facts known by the declarant, in substantially the following form: AI declare under penalty of perjury that the foregoing is true and correct. Executed on (date) . (Signature).@ Such a declaration, if properly prepared, is admissible in federal court with the same effect as an affidavit. 28 U.S.C. ' 1746. 2

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