Cranford v. Medina
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER STRIKING THIRD AMENDED
COMPLAINT FOR LACK OF SIGNATURE
RENEE MEDINA, et al.,
ORDER FOR PLAINTIFF TO FILE A
FOURTH AMENDED COMPLAINT
BEARING HIS SIGNATURE WITHIN
Archie Cranford (APlaintiff@) is a civil detainee proceeding pro se with this civil rights
action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint initiating this action on
February 8, 2013. (Doc. 1.) On June 11, 2014, Plaintiff filed the Third Amended Complaint.
The Third Amended Complaint is unsigned. (Doc. 22 at 6.) All filings submitted to the
court must bear the signature of the filing party. Local Rule 131; Fed. R. Civ. P. 11(a).
Accordingly, Plaintiff's Third Amended Complaint shall be stricken from the record for lack of
signature. Plaintiff shall be afforded an opportunity to file a Fourth Amended Complaint which
bears his signature and is signed under penalty of perjury.1
Based on the foregoing, it is HEREBY ORDERED that:
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;
The Clerk=s Office shall send Plaintiff a civil rights complaint form;
Within thirty (30) days from the date of service of this order, Plaintiff shall file
a Fourth Amended Complaint which bears Plaintiff=s signature and is signed
under penalty of perjury;
Plaintiff shall caption the amended complaint AFourth Amended Complaint@ and
refer to the case number 1:13-cv-00210-GSA-PC; and
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.
IT IS SO ORDERED.
April 7, 2015
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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.
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