Gonzales v. City of Clovis, et al.

Filing 4

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CAIN A. GONZALES,

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Plaintiff,
v.
CITY OF CLOVIS, et al.,
Defendants.

CASE NO. 1:17-cv-00282-LJO-MJS (PC)
ORDER STRIKING UNSIGNED
COMPLAINT AND GRANTING LEAVE TO
FILE A SIGNED PLEADING WITHIN
THIRTY DAYS
(ECF NO. 1)

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This action was initiated on February 27, 2017 with the filing of what appears to

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be a civil rights complaint brought pursuant to 42 U.S.C. § 1983. The complaint is 62

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pages long and made up a diverse group of documents: a partially completed complaint

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form, several non-consecutives pages of what appear to be a hand-written complaint, an

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incomplete set of hand written notes appearing to pertain to the claims at issue, typed

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pages appearing to include excerpted materials from another civil rights case brought by

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Plaintiff, and love notes from someone named Tara to someone named Jason.

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As constituted the Complaint does not present a cognizable cause of

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action. More importantly, it is unsigned. This is particularly significant in this instance

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because the motion to proceed in forma pauperis in this action was not filed by Plaintiff,

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but instead by someone named Tara Jones, a non-party. Thus, there is nothing before

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the Court to indicate that Plaintiff has participated in the filing of this action or even is

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aware of its existence.

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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:

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1. Plaintiff’s complaint is STRICKEN.

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2. Plaintiff shall file a signed coherent pleading within thirty days of the date of

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service of this order.

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3. If Plaintiff fails to comply with this order, the undersigned will recommend

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the action be dismissed.

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IT IS SO ORDERED.
Dated:

March 7, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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