Butler et al v. Lancaster County Dept of Corrections et al

Filing 51

STRICKEN-MEMORANDUM AND ORDER- Plaintiff shall have until December 19, 2014, to show cause why this case should not be dismissed for failure to comply with Rule 11. If plaintiff does not respond, or if good cause is not shown, this action will be dis missed without prejudice and without further notice. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 12/19/2014: deadline for plaintiff to show cause why pleading was not signed) Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR) Modified on 12/3/2014 per Order 52 (MKR).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TIMOTHY HICKMAN-SMITH,

)
)
Plaintiff,
)
)
v.
)
)
SCHMADER, Chief Omaha Police, )
and TWO JOHN DOE UNKNOWN
)
OMAHA POLICE OFFICERS,
)
)
Defendant.
)
______________________________)

4:14CV3205

MEMORANDUM AND ORDER

This matter is before the Court on its own motion.
Federal Rule of Civil Procedure 11 states that “every pleading
. . . must be signed by at least one attorney of record . . . or
by a party personally if the party is unrepresented.”
Civ. P. 11(a).

Fed. R.

Further, “[t]he court must strike an unsigned

paper unless the omission is promptly corrected after being
called to the attorney’s or party’s attention.”

Id.

Plaintiff,

who is proceeding pro se, failed to sign his complaint.
On October 8, 2014, the Deputy Clerk notified plaintiff
about the signature deficiency (Filing No. 4).

Plaintiff was

warned that if he failed to correct the deficiency within 15
days, his pleading could be stricken from the record of this
case.

More than a month has now passed, yet plaintiff has failed

to sign his pleading.

(See Docket Sheet.)

IT IS ORDERED:
1)

Plaintiff shall have until December 19, 2014, to

show cause why this case should not be dismissed for failure to
comply with Rule 11.

If plaintiff does not respond, or if good

cause is not shown, this action will be dismissed without
prejudice and without further notice.
2)

The Clerk of the Court is directed to set a pro se

case management deadline with the following text:
2014:

December 19,

deadline for plaintiff to show cause why pleading was not

signed.
DATED this 3rd day of December, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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The U.S. District Court for the District of Nebraska does not endorse,
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