Douglas v. City of Fort Collins et al

Filing 17

MINUTE ORDER striking 1 Complaint and denying without prejudice as moot 9 Motion to Dismiss. The Court authorizes Plaintiff to file an amended complaint on or before 5/3/2013. By Magistrate Judge Michael E. Hegarty on 4/23/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02615-MSK-MEH
AARON J. DOUGLAS,
Plaintiff,
v.
CITY OF FORT COLLINS and
CITY OF FORT COLLINS POLICE FORCE,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on April 23, 2013.
This matter comes before the Court sua sponte. Upon review of the Complaint initiating
this action [docket #1] , the Court observes that Plaintiff has failed to comply with Fed. R. Civ. P.
11(a), D.C. Colo. LCivR 8.1A, and D.C. Colo. LCivR 10.1K. Pursuant to Fed. R. Civ. P. 11(a),
Every pleading, written motion, and other paper must be signed by at least one
attorney of record in the attorney’s name – or by a party personally if the party is
unrepresented. The paper must state the signer’s address, email address, and
telephone number.
Like Rule 11, D.C. Colo. LCivR 10.1K also requires all filed papers to include the name, current
mailing address, and telephone number of either the attorney of record or a pro se party, as well as
a legible signature. Plaintiff’s Complaint contains no such signature, nor any of the information
required by the Federal and Local Rules.
In addition to these procedural deficiencies, Plaintiff’s Complaint contains no recitation of
legal authority, no identified cause of action, and no request for damages. Plaintiff would have
likely avoided theses errors if he had complied with D.C. Colo. LCivR 8.1A, which states, “Any pro
se party shall use the forms established by this court to file an action.”
In light of the aforementioned issues, Plaintiff’s Complaint [filed October 2, 2013; docket
#1] is hereby stricken, and the Motion to Dismiss Plaintiff’s Complaint from the City of Fort
Collins [filed January 25, 2013; docket #9] pertaining thereto is denied without prejudice as moot.
Pursuant to Fed. R. Civ. P. 15(a)(2), the Court authorizes Plaintiff to file an amended complaint on
or before May 3, 2013. Plaintiff shall comply with all Federal and Local Rules, and shall file his
amended pleading in accordance with D.C. Colo. LCivR 8.1A by using the General Complaint form
located on the District Court’s website:
http://www.cod.uscourts.gov/Portals/0/Documents/Forms/CivilForms/General_Complaint.pdf.

The City of Fort Collins may renew its motion to dismiss, if appropriate, in accordance with
Fed. R. Civ. P. 15(a)(3).

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