(PC) Sherman v. Bell

Filing 4

ORDER signed by Magistrate Judge Jeremy D. Peterson on 11/18/2020 DISREGARDING 1 Unsigned Complaint and GRANTING Plaintiff 30 days to file a complaint that is signed. (Henshaw, R)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MYLES LAMELL SHERMAN, 12 Plaintiff, 13 ORDER DIRECTING PLAINTIFF TO FILE A SIGNED COMPLAINT v. 14 Case No. 2:20-cv-02284-JDP (PC) DEVON BELL, 15 ECF No. 1 Defendant. 16 17 Plaintiff, an inmate at the Placer County Jail, is proceeding without counsel in this action 18 brought under 42 U.S.C. § 1983. In addition to filing an application for leave to proceed in forma 19 pauperis, plaintiff has 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 an 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. See Fed. R. Civ. P. 3 (“A civil action is 4 commenced by filing a complaint with the court.”). Failure to comply with this order may result 5 in an order closing this case. 6 7 IT IS SO ORDERED. 8 Dated: 9 10 November 18, 2020 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?