Allen v. Commissioner of Social Security et al

Filing 8

ORDER striking unsigned 7 First Amended Complaint signed by Magistrate Judge Gary S. Austin on 8/3/2017. (Amended Complaint due by 8/31/2017). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ERIKA ALLEN,

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Case No. 1:17 -cv-00702 GSA
Plaintiff,

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ORDER STRIKING UNSIGNED FIRST
AMENDED COMPLAINT

v.
(Doc. 7)

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NANCY BERRYHILL, Acting
Commissioner of Social Security

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Defendant.
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Plaintiff, Erika Allen is proceeding pro se and in forma pauperis in this civil case
contesting a denial of her disability benefits. (Doc. 1). On July 6, 2017, the Court issued an order
dismissing Plaintiff’s complaint and requiring that Plaintiff file an amended complaint. (Doc. 6).
Plaintiff was advised that if she continued to represent herself that only she could sign the
pleading, and that the pleading needed be signed under penalty of perjury. (Doc. 6, pg. 7; ln 8-9).
Plaintiff filed a First Amended Complaint (Doc. 7), however it does not contain any signature.
The Court cannot consider unsigned pleadings and therefore the First Amended Complaint will be
stricken from the record. Fed. R. Civ. P. 11(a); Local Rule 131(b).

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Plaintiff is advised that the First Amended Complaint (Doc. 7) sufficiently addressed the
Court’s concerns that were outlined in the order dismissing the complaint, but for the lack of a
signature signed under penalty of perjury.1 Therefore, the Court will give Plaintiff one final

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The Court’s order advised Plaintiff that she needed to state a claim and establish that jurisdiction is proper. The
First Amended Complaint addressed those issues.

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opportunity to submit a First Amended Complaint which must be filed no later than August 31,

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2017. Plaintiff is advised that the First Amended Complaint (with exhibits) as currently written

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will be accepted by the Court as long as it is signed by Plaintiff under penalty of perjury. As a

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general rule, an amended complaint supersedes any earlier complaints. Lacey v. Maricopa Cnty.,

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693 F.3d 896 (9th Cir. 2012) (noting that there may be limited exceptions to this rule on appeal).

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In other words, the First Amended Complaint must be “complete in itself without reference to the

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prior or superseded pleading.” Local Rule 220.
Order

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The Clerk of the Court shall STRIKE Plaintiff’s First Amended Complaint filed on July

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31, 2017 (Doc. 7). Thereafter, the Court of the Clerk shall send a copy of this order, along with a

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copy of the Plaintiff’s First Amended Complaint with the CM/ECF file stamp information deleted

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from the heading of each page, to Plaintiff at the address listed on the docket. Plaintiff may refile

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the existing First Amended Complaint signed under penalty of perjury to satisfy the requirements

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of this order.

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Plaintiff advised that failure to file a First Amended Complaint by August 31, 2017 in
compliance with the instructions outlined above will result in dismissal of this action.

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IT IS SO ORDERED.
Dated:

August 6, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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