Cleveland v. Hunton et al

Filing 8

ORDER STRIKING First Amended Complaint for Lack of Signature, signed by Magistrate Judge Stanley A. Boone on 1/24/17. Fourteen Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY CLEVELAND,

Case No. 1:16-cv-01732-AWI-SAB

Plaintiff,

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ORDER STRIKING FIRST AMENDED
COMPLAINT FOR LACK OF SIGNATURE

v.

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(ECF No. 7)
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THOMAS C. HUNTON, et al.,
FOURTEEN DAY DEADLINE

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Defendants.

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Plaintiff Timothy Cleveland filed a complaint in this action on January 16, 2016 that was

18 dismissed for failure to state a claim. On January 23, 2017, Plaintiff Timothy Cleveland filed a
19 first amended complaint in this action. However, Plaintiff’s first amended complaint is not
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The Federal Rules require that every pleading must be signed by at least one attorney of

22 record or by the party personally if the party is unrepresented. Fedl. R. Civ. P. 11(a); see also
23 Local Rule 131(b) (in relevant part, all pleadings must be signed by the party involved if that
24 party is appearing in propria persona). The Court must strike any unsigned paper unless the
25 omission is promptly corrected.

Fed. R. Civ. P. 11(a).

Unsigned documents cannot be

26 considered by the Court, and Plaintiff’s complaint shall be stricken from the record on that
27 ground. Fed. R. Civ. P. 11(a); Local Rule 131(b).
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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s unsigned first amended complaint, filed January 23, 2017, is
STRICKEN FROM THE RECORD;

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Plaintiff shall file a first amended complaint within fourteen (14) days from the
date of service of this order; and

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3.

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Failure to file an amended complaint in compliance with this order will result in
the recommendation that this action be dismissed.

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IT IS SO ORDERED.

10 Dated:

January 24, 2017
UNITED STATES MAGISTRATE JUDGE

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