Martin v. Fort Wayne Police Department et al
Filing
4
OPINION AND ORDER -- Plaintiff's state court complaint was unsigned and Plaintiff is notified that his state court complaint will be STRICKEN unless he files a signed amended complaint on or before November 1, 2011. Signed by Magistrate Judge Roger B Cosbey on 10/7/2011. (kjm)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
ANTHONY C. MARTIN,
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Plaintiff,
v.
FORT WAYNE POLICE
DEPARTMENT, et al.,
Defendants.
Case No. 1:11-cv-351
OPINION AND ORDER
This 42 U.S.C. § 1983 case filed by pro se Plaintiff Anthony Martin was removed here
from Allen Superior Court by Defendants on October 6, 2011. (Docket # 2.) Martin’s removed
state court complaint, however, is unsigned. (Docket # 1.) Consistent with Federal Rule of Civil
Procedure 11, Plaintiff is notified that his state court complaint will be STRICKEN unless he files
a signed amended complaint on or before November 1, 2011. See Ind. Trial Rule 11(A) (“If a
pleading or motion is not signed . . ., it may be stricken as sham and false and the action may
proceed as though the pleading had not been served.”); see, e.g., Clark v. Countrywide Home
Loans, No. 09-CV-01998-OWW-GSA, 2010 WL 697232 (E.D. Ca. Feb. 25, 2010) (notifying
plaintiff that his unsigned, removed state court complaint was subject to being stricken and
directing him to file a signed amended complaint). The signed amended complaint will then
become the operative pleading in this case.
SO ORDERED. Entered this 7th day of October, 2011.
/S/ Roger B. Cosbey
Roger B. Cosbey,
United States Magistrate Judge
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