Herina v. Butte County Superior Court et al

Filing 9

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/26/17 ordering because plaintiff did not sign the complaint 1 , it will be disregarded. Withinthirty days, plaintiff may file a 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 CHRISTOPHER F. HERINA, 12 13 14 15 16 17 No. 2:16-cv-2956-EFB P Plaintiff, v. ORDER BUTTE COUNTY SUPERIOR COURT, et al., Defendants. Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. In addition to filing an application for leave to proceed in forma pauperis, he has 19 filed an unsigned complaint. 20 Federal 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 complaint because plaintiff 27 has not signed it. See ECF No. 1. Rule 11 of the Federal Rules of Civil Procedure requires that 28 “[e]very pleading, written motion, and other paper . . . be signed by at least one attorney of record 1 1 in the attorney’s name—or by a party personally if the party is unrepresented.” Fed. R. Civ. P. 2 11(a). Because plaintiff did not sign the complaint (ECF No. 1), it will be disregarded. Within 3 thirty days, plaintiff may file a complaint that is signed. Failure to comply with this order may 4 result in an order of dismissal. 5 So ordered. 6 Dated: January 26, 2017. 7 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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