Allen v. Hubbard et al

Filing 13

ORDER STRIKING UNSIGNED COMPLAINT AND REQUIRING PLAINTIFF TO FILE A SIGNED COMPLAINT WITHIN THIRTY DAYS signed by Magistrate Judge Barbara A. McAuliffe on 6/8/2017. (Attachments: # 1 Complaint Form). (Amended Complaint due by 7/11/2017). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MATTHEW ALLEN,

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Plaintiff,
v.
S. HUBBARD, et al.,

Case No. 1:16-cv-01751-BAM (PC)
ORDER STRIKING UNSIGNED COMPLAINT
AND REQUIRING PLAINTIFF TO FILE A
SIGNED COMPLAINT WITHIN THIRTY DAYS
(ECF No. 1)

Defendants.
THIRTY (30) DAY DEADLINE
Plaintiff Matthew Allen (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on November 18, 2016 (ECF

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No. 1), and has consented to magistrate judge jurisdiction. (ECF No. 6.)

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The Court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. §

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1915A(a). In preparing to screen the complaint, the Court notes Plaintiff’s complaint lacks any

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signature. Both the Federal Rules of Civil Procedure and this Court’s Local Rules require that all

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filed pleadings, motions and papers be signed by at least one attorney of record or by the party

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personally if the party is unrepresented. Fed. R. Civ. P. 11(a); Local Rule 131(b). Since Plaintiff’s

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complaint is unsigned, the Court must strike it from the record. Plaintiff will be permitted thirty

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(30) days to file a signed complaint that complies with Federal Rules of Civil Procedure and the

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Local Rules.
Finally, there were approximately 40 pages of exhibits attached to Plaintiff’s unsigned

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complaint. The Court reminds Plaintiff that Federal Rule of Civil Procedure 8 requires “a short

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and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P.

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8(a). Thus, in amending his complaint, Plaintiff must state sufficient facts showing what each

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defendant did or did not do that resulted in a violation of his rights. The Court is not required to

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sift through Plaintiff’s exhibits and attachments in an effort to determine what Plaintiff’s claim(s)

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are. If Plaintiff chooses to add attachments, he must identify them for the Court with specificity,

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and explain their significance.

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Based on the foregoing, it is HEREBY ORDERED that:
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Plaintiff’s complaint, filed November 18, 2016 (ECF No. 1), is STRICKEN from
the record for lack of signature;
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The Clerk’s Office SHALL send to Plaintiff a civil rights complaint form;

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

a complaint or a notice of voluntary dismissal; and
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If Plaintiff fails to file a complaint in compliance with this order, the Court

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will dismiss this action, with prejudice, for failure to state a claim, failure to prosecute, and
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failure to obey a court order.
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IT IS SO ORDERED.

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Dated:

/s/ Barbara

June 8, 2017

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE
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