Cramblit v California Department of Correction and Rehabilitation, et al

Filing 12

ORDER STRIKING Unsigned Complaint 5 and Requiring Plaintiff to File Signed Complaint, signed by Magistrate Judge Stanley A. Boone on 1/13/2017: 30-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES CRAMBLIT,

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Plaintiff,
v.
CALIFORNIA DEPARTMENT OF
CORRECTION AND REHABILITATION,
et al.,
Defendants.

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Case No.: 1:17-cv-00058-SAB (PC)
ORDER STRIKING UNSIGNED COMPLAINT,
(ECF No. 5), AND REQUIRING PLAINTIFF TO
FILE SIGNED COMPLAINT
THIRTY (30) DAY DEADLINE

Plaintiff James Cramblit is a state prisoner proceeding pro se in this civil rights action pursuant

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to 42 U.S.C. § 1983. Plaintiff initiated this action on December 7, 2016 by a letter sent to the United

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States District Court in the Northern District of California. (ECF No. 1.) Plaintiff was provided a blank

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complaint form, (ECF No. 2), and on December 27, 2016, Plaintiff filed a complaint, (ECF No. 5). On

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January 11, 2017, based on the allegations of the complaint, this action was ordered to be transferred

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to this district. (ECF No. 8.)

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Plaintiff’s complaint filed on December 27, 2016 lacks any signature. Both the Federal Rules

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of Civil Procedure and this Court’s Local Rules require that all filed pleadings, motions and papers be

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signed by at least one attorney of record or by the party personally if the party is unrepresented. Fed.

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R. Civ. P. 11(a); Local Rule 131(b).
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Since Plaintiff’s complaint is unsigned, the Court must strike it from the record. Plaintiff will

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be provided with a complaint form and will be permitted thirty (30) days to file a signed complaint

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that complies with Federal Rules of Civil Procedure and the Local Rules.

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Accordingly, it is HEREBY ORDERED that:

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1.

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Plaintiff’s complaint, filed December 27, 2016 (ECF No. 5), is stricken from the record

for lack of signature;

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2.

The Clerk’s Office shall send to Plaintiff a civil rights complaint form; and

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3.

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

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signed complaint or a notice of voluntary dismissal.

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IT IS SO ORDERED.

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Dated:

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January 13, 2017
UNITED STATES MAGISTRATE JUDGE

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