(PC) Pena v. United States et al

Filing 6

ORDER DENYING 3 Plaintiff's Request for the Court to Supplement Page 6 of His Complaint With His Signature and ORDER Striking 1 Complaint for Lack of Signature, With Leave to File an Amended Complaint Bearing Plaintiff's Signature signed by Magistrate Judge Gary S. Austin on 6/3/2021. First Amended Complaint due within thirty (30) days. (Attachments: # 1 Amended Complaint Form). (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GEOVANNI PENA,

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Plaintiff,

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v.
UNITED STATES, et al.,

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Defendants.

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1:21-cv-00833-GSA-PC
ORDER DENYING PLAINTIFF’S
REQUEST FOR THE COURT TO
SUPPLEMENT PAGE 6 OF HIS
COMPLAINT WITH HIS SIGNATURE
(ECF No. 3.)
ORDER STRIKING COMPLAINT FOR
LACK OF SIGNATURE, WITH LEAVE
TO FILE AN AMENDED COMPLAINT
BEARING PLAINTIFF’S SIGNATURE
THIRTY-DAY DEADLINE TO FILE
FIRST AMENDED COMPLAINT

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ORDER FOR CLERK TO SEND
COMPLAINT FORM TO PLAINTIFF

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I.

BACKGROUND

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Geovanni Pena (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights

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action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). On May 24, 2021,

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Plaintiff filed the Complaint commencing this action. (ECF No. 1.) The Complaint lacks

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Plaintiff’s signature. (Id.) On June 1, 2021, Plaintiff filed a request for the court to supplement

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page 6 of the Complaint with his signature. (ECF No. 3.)
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II.

MOTION TO AMEND – FED. R. CIV. P. 15(a)

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Plaintiff may not add his signature to the Complaint in this manner. Under Rule 220,

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Plaintiff may not amend the Complaint by adding information or exhibits submitted separately

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from the Complaint.1 To add information or make a correction to the Complaint, Plaintiff must

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file an amended complaint which is complete in itself, without reference to prior complaints. To

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add his signature, Plaintiff must file a First Amended Complaint, complete in itself, with the

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signature affixed. All filings submitted to the court must bear the signature of the filing party.

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Local Rule 131; Fed. R. Civ. P. 11(a).

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III.

CONCLUSION

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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original signature is DENIED;
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3.

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The Complaint is STRICKEN from the record for lack of signature, with leave to
file a First Amended Complaint;2

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Plaintiff’s request for the court to supplement page 6 of his Complaint with his

Within thirty days from the date of service of this order, Plaintiff may file a First
Amended Complaint bearing his signature;

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The First Amended Complaint should be clearly and boldly titled “First Amended

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Complaint,” refer to case number 1:21-cv-00833-GSA-PC, and be signed under

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penalty of perjury;

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5.

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The Clerk of Court shall send one Bivens civil rights complaint form to Plaintiff.
and

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Local Rule 220 provides, in part:

Unless prior approval to the contrary is obtained from the Court, every pleading
to which an amendment or supplement is permitted as a matter of right or has been
allowed by court order shall be retyped and filed so that it is complete in itself without
reference to the prior or superseded pleading. No pleading shall be deemed amended or
supplemented until this Rule has been complied with. All changed pleadings shall contain
copies of all exhibits referred to in the changed pleading.
A document which is “stricken” will not be considered by the Court for any purpose.
(Informational Order, ECF No. 2 at 2:7-8.)
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6.

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Plaintiff’s failure to comply with this order shall result in a recommendation that
this case be dismissed.

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IT IS SO ORDERED.
Dated:

June 3, 2021

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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