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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER F. HERINA,

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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

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U.S.C. § 1983. In addition to filing an application for leave to proceed in forma pauperis, he has

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filed an unsigned complaint.

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Federal 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 complaint because plaintiff

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has not signed it. See ECF No. 1. Rule 11 of the Federal Rules of Civil Procedure requires that

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

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11(a). Because plaintiff did not sign the complaint (ECF No. 1), it will be disregarded. Within

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thirty days, plaintiff may file a complaint that is signed. Failure to comply with this order may

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result in an order of dismissal.

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So ordered.

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Dated: January 26, 2017.

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