(PC) Davis v. State of California et al

Filing 6

ORDER STRIKING Unsigned Complaint and Requiring Plaintiff to File a Signed Complaint signed by Magistrate Judge Barbara A. McAuliffe on 3/7/2025. Thirty (30) Day Deadline. (Attachments: # 1 Civil Rights Complaint Form) (Deputy Clerk JPX)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EUGENE ALLEN DAVIS, JR.,

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Plaintiff,

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v.
STATE OF CALIFORNIA, et al.,

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Case No. 1:25-cv-00283-BAM (PC)
ORDER STRIKING UNSIGNED COMPLAINT
AND REQUIRING PLAINTIFF TO FILE A
SIGNED COMPLAINT
(ECF No. 1)

Defendants.
THIRTY (30) DAY DEADLINE

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Plaintiff Eugene Allen Davis, Jr. (“Plaintiff”) is a state prisoner proceeding pro se in this

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civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on March 6, 2025. (ECF

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No. 1.)

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In preparing to screen the complaint, pursuant to 28 U.S.C. § 1915A(a), the Court noted
that the document is not signed. (ECF No. 1.)

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Both the Federal Rules of Civil Procedure and this Court’s Local Rules require that all

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filed pleadings, motions and papers be signed by at least one attorney of record or by the party

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personally if the party is unrepresented. Fed. R. Civ. P. 11(a); Local Rule 131(b). As Plaintiff’s

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complaint is unsigned, the Court must strike it from the record. Plaintiff will be permitted an

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opportunity to file a signed complaint that complies with the Federal Rules of Civil Procedure and

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the Local Rules.
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Based on the foregoing, it is HEREBY ORDERED that:

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1. Plaintiff’s complaint, filed March 6, 2025, (ECF No. 1), is STRICKEN from the

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record for lack of signature;

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2. The Clerk of the Court is directed to send to Plaintiff a civil rights complaint form;

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3. Within thirty (30) days from the date of service of this order, Plaintiff SHALL file a

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signed complaint, or a notice of voluntary dismissal; and
4. Plaintiff is warned that the failure to comply with this order will result in

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dismissal of this action, with prejudice, for failure to obey a court order and for

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failure to state a claim.

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IT IS SO ORDERED.
Dated:

/s/ Barbara A. McAuliffe

March 7, 2025

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UNITED STATES MAGISTRATE JUDGE

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