Nunn v. Standig et al

Filing 11

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/09/18 ORDERING because plaintiff did not sign the amended complaint 10 it will be disregarded. Within 30 days, plaintiff may file an amended complaint that is signed. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM NUNN,

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No. 2:16-cv-2463-EFB P

Plaintiff,

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v.

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STANDIG, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. After dismissal of the original complaint pursuant to 28 U.S.C. § 1915A, plaintiff

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has filed an unsigned, amended complaint.

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District courts must engage in a preliminary screening of cases in which prisoners seek

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redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C.

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§ 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion

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of the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which

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relief may be granted,” or “seeks monetary relief from a defendant who is immune from such

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relief.” Id. § 1915A(b).

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The court cannot conduct the required screening of plaintiff’s amended complaint because

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plaintiff has not signed it. See ECF No. 10. Rule 11 of the Federal Rules of Civil Procedure

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requires that “[e]very pleading, written motion, and other paper . . . be signed by at least one
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attorney of record in the attorney’s name—or by a party personally if the party is unrepresented.”

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Fed. R. Civ. P. 11(a). Because plaintiff did not sign the amended complaint (ECF No. 10), it will

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be disregarded. Within thirty days, plaintiff may file an amended complaint that is signed.

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Failure to comply with this order may result in a recommendation that this action be dismissed for

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failure to prosecute

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So ordered.

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Dated: January 9, 2018.

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