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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARCHIE CRANFORD,

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1:13-cv-00210-GSA-PC

Plaintiff,

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ORDER STRIKING THIRD AMENDED
COMPLAINT FOR LACK OF SIGNATURE
(Doc. 22.)

vs.

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RENEE MEDINA, et al.,

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Defendants.

ORDER FOR PLAINTIFF TO FILE A
FOURTH AMENDED COMPLAINT
BEARING HIS SIGNATURE WITHIN
THIRTY DAYS

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I.

BACKGROUND

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Archie Cranford (APlaintiff@) is a civil detainee proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint initiating this action on

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February 8, 2013. (Doc. 1.) On June 11, 2014, Plaintiff filed the Third Amended Complaint.

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(Doc. 22.)

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II.

DISCUSSION

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The Third Amended Complaint is unsigned. (Doc. 22 at 6.) All filings submitted to the

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court must bear the signature of the filing party. Local Rule 131; Fed. R. Civ. P. 11(a).

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Accordingly, Plaintiff's Third Amended Complaint shall be stricken from the record for lack of
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signature. Plaintiff shall be afforded an opportunity to file a Fourth Amended Complaint which

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bears his signature and is signed under penalty of perjury.1

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III.

CONCLUSION

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Based on the foregoing, it is HEREBY ORDERED that:

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1.

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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;

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2.

The Clerk=s Office shall send Plaintiff a civil rights complaint form;

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3.

Within thirty (30) days from the date of service of this order, Plaintiff shall file

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a Fourth Amended Complaint which bears Plaintiff=s signature and is signed

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under penalty of perjury;
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Plaintiff shall caption the amended complaint AFourth Amended Complaint@ and
refer to the case number 1:13-cv-00210-GSA-PC; and

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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.

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IT IS SO ORDERED.
Dated:

April 7, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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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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