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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY CLEVELAND, Case No. 1:16-cv-01732-AWI-SAB Plaintiff, 12 ORDER STRIKING FIRST AMENDED COMPLAINT FOR LACK OF SIGNATURE v. 13 (ECF No. 7) 14 THOMAS C. HUNTON, et al., FOURTEEN DAY DEADLINE 15 Defendants. 16 17 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 20 signed. 21 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). 28 / / / 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s unsigned first amended complaint, filed January 23, 2017, is STRICKEN FROM THE RECORD; 3 2. 4 Plaintiff shall file a first amended complaint within fourteen (14) days from the date of service of this order; and 5 3. 6 Failure to file an amended complaint in compliance with this order will result in the recommendation that this action be dismissed. 7 8 9 IT IS SO ORDERED. 10 Dated: January 24, 2017 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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