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)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION ANTHONY C. MARTIN, ) ) ) ) ) ) ) ) ) ) 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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