Damon Newquist v. Soa et al

Filing 18

ORDER STRIKING Unsigned First Amended Complaint 14 , 17 , signed by Magistrate Judge Sheila K. Oberto on 5/8/2018: 21-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAMON NEWQUIST,

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Plaintiff,

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Case No. 1:17-cv-01150-LJO-SKO (PC)
ORDER STRIKING UNSIGNED
FIRST AMENDED COMPLAINT

v.
(Doc. 14, 17)

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SOA, et al.,
TWENTY-ONE (21) DAY DEADLINE

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Defendants.

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Plaintiff, Damon Newquist, is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. §1983. On February 2, 2018, Plaintiff filed an

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unsigned1 First Amended Complaint. (Doc. 14.) The Court cannot consider unsigned filings.

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The First Amended Complaint (Doc. 14) is THEREFORE ORDERED STRICKEN

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from the record. Fed. R. Civ. P. 11(a); Local Rule 131(b). Plaintiff’s motion for screening of the

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First Amended Complaint, filed on April 30, 2018, (Doc. 17), is thus rendered moot and

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disregarded. Within twenty-one (21) days from the date of service of this order, Plaintiff shall

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file a signed first amended complaint. If Plaintiff fails to comply with this order,

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recommendation will issue for this action to be dismissed for failure to obey a court order

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and for failure to state a claim.

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IT IS SO ORDERED.
Dated:

May 8, 2018

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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Though the symbol “/s/” is reflected on the signature line, this is not Plaintiff’s signature and cannot be accepted as
such from an incarcerated, pro se, plaintiff. (Doc. 1, p. 14.) It is also noteworthy that, though filed on February 2,
2018, the First Amended Complaint is undated and merely reflects “_____________, 2017.” (Id., pp. 14, 15.)
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