Overton v. U.S. Postmaster General et al

Filing 7

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/13/2018 ORDERING the Clerk to STRIKE the 1 unsigned complaint from the docket. Within 30 days, plaintiff shall file a signed complaint. Within 30 days, plaintiff shall either pay the $4 00.00 fee or submit a complete application to proceed ifp. Plaintiff's failure to comply with this order may result in this case being closed. The Clerk shall send plaintiff the court's form prisoner civil rights complaint and application to proceed ifp. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MICHAEL L. OVERTON,

12

Plaintiff,

13
14
15

v.

No. 2:18-cv-0266-EFB P

ORDER

U.S. POSTMASTER GENERAL, et al.,
Defendants.

16
17

Plaintiff is a state prisoner confined in Atascadero State Hospital proceeding without

18

counsel in an action brought under 42 U.S.C. § 1983. Federal courts must engage in a

19

preliminary screening of cases in which prisoners seek redress from a governmental entity or

20

officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must identify

21

cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint “is

22

frivolous, malicious, or fails to state a claim upon which relief may be granted,” or “seeks

23

monetary relief from a defendant who is immune from such relief.” Id. § 1915A(b).

24

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

25

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

26

“[e]very pleading, written motion, and other paper . . . be signed by at least one attorney of record

27

in the attorney’s name—or by a party personally if the party is unrepresented.” Fed. R. Civ. P.

28

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

1

In addition, plaintiff must pay the $400 filing fee required by 28 U.S.C. § 1914(a) or

2

request leave to proceed in forma pauperis and submit the affidavit and trust account statement

3

required by 28 U.S.C. § 1915(a).

4

Until plaintiff submits a signed complaint and either pays the filing fee or meets the

5

requirements of 28 U.S.C. § 1915(a), there is simply no case before the court. See Fed. R. Civ. P.

6

3 (“A civil action is commenced by filing a complaint with the court.”).

7

Accordingly, IT IS HEREBY ORDERED that:

8

1. The Clerk of the Court shall strike the unsigned complaint (ECF No. 1) from the

9

docket.

10

2. Within 30 days of the date of this order, plaintiff shall file a signed complaint.

11

3. Within 30 days of the date of this order, plaintiff shall either pay the $400 filing fee or

12

submit a complete application for leave to proceed in forma pauperis using the form

13

provided.

14

4. Plaintiff’s failure to comply with this order may result in this case being closed.

15

5. The Clerk of the Court is directed to send plaintiff the court’s form prisoner civil

16
17

rights complaint and application for leave to proceed in forma pauperis.
Dated: February 13, 2018.

18
19
20
21
22
23
24
25
26
27
28
2