Goodwin v. Billings et al

Filing 10

ORDER Striking Complaint for Lack of Signature signed by Magistrate Judge Stanley A. Boone on 01/05/2018. Thirty-Day Deadline. (Attachments: # 1 Amended Complaint Form)(Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PATRICK GLENN GOODWIN, 12 13 14 Plaintiff, v. OFFICER BILLINGS, et al., 15 Defendants. 16 17 18 19 ) ) ) ) ) ) ) ) ) ) Case No. 1:17-cv-01708-SAB (PC) ORDER STRIKING COMPLAINT FOR LACK OF SIGNATURE [ECF No. 1] Plaintiff Patrick Glenn Goodwin is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the instant complaint on December 12, 2017, in the United States District Court 20 for the Eastern District of California, Sacramento Division. On December 19, 2017, the action was 21 transferred to this Court. A review of Plaintiff’s complaint reveals that Plaintiff did not sign the 22 complaint under penalty of perjury. All filings submitted to the Court must bear the signature of the 23 filing party. Local Rule 131; Fed. R. Civ. P. 11(a). Accordingly, Plaintiff’s complaint must be 24 stricken from the record as deficient, and Plaintiff will be required to file an amended complaint with 25 an original signature under penalty of perjury in order for the case to proceed. 26 Based on the foregoing, it is HEREBY ORDERED that: 27 1. 28 Plaintiff’s complaint, filed on December 12, 2017, is stricken from the record for lack of signature; 1 1 2. 2 3. The Clerk of Court is directed to send Plaintiff a blank civil rights complaint form; Within thirty (30) days from the date of service of this order, Plaintiff shall file an amended complaint complete with an original signature; and 3 4. 4 Failure to comply with this order will result in the recommendation to a district judge that the action be dismissed. Local Rule 110. 5 6 7 IT IS SO ORDERED. 8 Dated: 9 January 5, 2018 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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