(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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MYLES LAMELL SHERMAN,

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Plaintiff,

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ORDER DIRECTING PLAINTIFF TO FILE A
SIGNED COMPLAINT

v.

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Case No. 2:20-cv-02284-JDP (PC)

DEVON BELL,

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ECF No. 1
Defendant.

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Plaintiff, an inmate at the Placer County Jail, is proceeding without counsel in this action

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brought under 42 U.S.C. § 1983. In addition to filing an application for leave to proceed in forma

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pauperis, plaintiff has 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 an 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. See Fed. R. Civ. P. 3 (“A civil action is

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commenced by filing a complaint with the court.”). Failure to comply with this order may result

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in an order closing this case.

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IT IS SO ORDERED.

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Dated:
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November 18, 2020
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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