Bobier v. Unknown

Filing 15

ORDER STRIKING Complaint and REQUIRING Plaintiff to File Captioned and Signed Amended Complaint Within Thirty Days 1 , signed by Magistrate Judge Michael J. Seng on 10/28/13. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JON C. BOBIER, 12 13 14 15 Plaintiff, v. CASE No. 1:13-cv-00845-MJS ORDER STRIKING COMPLAINT AND REQUIRING PLAINTIFF TO FILE CAPTIONED AND SIGNED AMENDED COMPLAINT WITHIN THIRTY DAYS UNKNOWN, (ECF No. 1) Defendant. 16 17 Plaintiff Jon C. Bobier, a state prisoner proceeding pro se and in forma pauperis, 18 filed this civil rights action pursuant to 42 U.S.C. § 1983 in the Northern District of 19 California on October 3, 2012. 20 Plaintiff’s federal rights based on events at Avenal State Prison (ASP); therefore, on May 21 31, 2013, the case was transferred to the Eastern District of California where ASP is 22 located. (ECF No. 5.) (ECF No. 1.) The Complaint alleges violations of 23 Plaintiff’s complaint is unsigned and does not contain a caption or any kind of 24 heading that identifies the Defendants. All filings must bear Plaintiff’s original signature. 25 Fed. R. Civ. P. 11(a); Local Rule 131. A complaint must also contain a caption that 26 identifies each defendant. Fed. R. Civ. P. 10(a). 27 Accordingly, the Complaint (ECF No. 1) is HEREBY STRICKEN from the record 28 and Plaintiff shall, within thirty (30) days from the date of service of this order, file a 1 1 signed complaint with a caption listing the Defendants. The failure to comply with this 2 order will result in dismissal of this action, without prejudice. 3 The Clerk’s Office shall send Plaintiff a complaint form with this order. 4 5 6 IT IS SO ORDERED. Dated: October 28, 2013 /s/ 7 UNITED STATES MAGISTRATE JUDGE DEAC _Signature- END: 8 Michael J. Seng ci4d6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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