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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM NUNN, 12 No. 2:16-cv-2463-EFB P Plaintiff, 13 v. 14 STANDIG, et al., 15 ORDER Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. After dismissal of the original complaint pursuant to 28 U.S.C. § 1915A, plaintiff 19 has filed an unsigned, amended complaint. 20 District courts must engage in a preliminary screening of cases in which prisoners seek 21 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 22 § 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion 23 of the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which 24 relief may be granted,” or “seeks monetary relief from a defendant who is immune from such 25 relief.” Id. § 1915A(b). 26 The court cannot conduct the required screening of plaintiff’s amended complaint because 27 plaintiff has not signed it. See ECF No. 10. Rule 11 of the Federal Rules of Civil Procedure 28 requires that “[e]very pleading, written motion, and other paper . . . be signed by at least one 1 1 attorney of record in the attorney’s name—or by a party personally if the party is unrepresented.” 2 Fed. R. Civ. P. 11(a). Because plaintiff did not sign the amended complaint (ECF No. 10), it will 3 be disregarded. Within thirty days, plaintiff may file an amended complaint that is signed. 4 Failure to comply with this order may result in a recommendation that this action be dismissed for 5 failure to prosecute 6 So ordered. 7 Dated: January 9, 2018. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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