Gonzales v. City of Clovis, et al.
ORDER STRIKING Unsigned Complaint and Granting Leave to File a Signed Pleading Within Thirty (30) Days signed by Magistrate Judge Michael J. Seng on 3/7/2017. (Jessen, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CAIN A. GONZALES,
CITY OF CLOVIS, et al.,
CASE NO. 1:17-cv-00282-LJO-MJS (PC)
ORDER STRIKING UNSIGNED
COMPLAINT AND GRANTING LEAVE TO
FILE A SIGNED PLEADING WITHIN
(ECF NO. 1)
This action was initiated on February 27, 2017 with the filing of what appears to
be a civil rights complaint brought pursuant to 42 U.S.C. § 1983. The complaint is 62
pages long and made up a diverse group of documents: a partially completed complaint
form, several non-consecutives pages of what appear to be a hand-written complaint, an
incomplete set of hand written notes appearing to pertain to the claims at issue, typed
pages appearing to include excerpted materials from another civil rights case brought by
Plaintiff, and love notes from someone named Tara to someone named Jason.
As constituted the Complaint does not present a cognizable cause of
action. More importantly, it is unsigned. This is particularly significant in this instance
because the motion to proceed in forma pauperis in this action was not filed by Plaintiff,
but instead by someone named Tara Jones, a non-party. Thus, there is nothing before
the Court to indicate that Plaintiff has participated in the filing of this action or even is
aware of its existence.
The court is required to strike an unsigned pleading unless the omission is
promptly corrected. Fed. R. Civ. P. 11(a). Accordingly, it is HEREBY ORDERED that:
1. Plaintiff’s complaint is STRICKEN.
2. Plaintiff shall file a signed coherent pleading within thirty days of the date of
service of this order.
3. If Plaintiff fails to comply with this order, the undersigned will recommend
the action be dismissed.
IT IS SO ORDERED.
March 7, 2017
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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