Cranford v. Medina

Full title: ARCHIE CRANFORD, Plaintiff, v. RENEE MEDINA, et al., Defendants.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Apr 7, 2015

1:13-cv-00210-GSA-PC (E.D. Cal. Apr. 7, 2015)

Opinion

1:13-cv-00210-GSA-PC

04-07-2015

ARCHIE CRANFORD, Plaintiff, v. RENEE MEDINA, et al., Defendants.

Gary S. Austin UNITED STATES MAGISTRATE JUDGE

ORDER STRIKING THIRD AMENDED COMPLAINT FOR LACK OF SIGNATURE
(Doc. 22.)
ORDER FOR PLAINTIFF TO FILE A FOURTH AMENDED COMPLAINT BEARING HIS SIGNATURE WITHIN THIRTY DAYS

I. BACKGROUND

Archie Cranford ("Plaintiff") is a civil detainee proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint initiating this action on February 8, 2013. (Doc. 1.) On June 11, 2014, Plaintiff filed the Third Amended Complaint. (Doc. 22.)

II. DISCUSSION

The Third Amended Complaint is unsigned. (Doc. 22 at 6.) All filings submitted to the court must bear the signature of the filing party. Local Rule 131; Fed. R. Civ. P. 11(a). Accordingly, Plaintiff's Third Amended Complaint shall be stricken from the record for lack of signature. Plaintiff shall be afforded an opportunity to file a Fourth Amended Complaint which bears his signature and is signed under penalty of perjury.¹

1 The Fourth Amended Complaint must be dated and signed by Plaintiff, attesting under penalty of perjury to facts known by the declarant, in substantially the following form: "I declare under penalty of perjury that the foregoing is true and correct. Executed on (date) . (Signature)." Such a declaration, if properly prepared, is admissible in federal court with the same effect as an affidavit. 28 U.S.C. § 1746.

III. CONCLUSION

Based on the foregoing, it is HEREBY ORDERED that:

1. Plaintiff's Third Amended Complaint, filed on June 11, 2014, is STRICKEN from the record for lack of Plaintiff's signature, with leave to amend;



2. The Clerk's Office shall send Plaintiff a civil rights complaint form;



3. Within thirty (30) days from the date of service of this order, Plaintiff shall file a Fourth Amended Complaint which bears Plaintiff's signature and is signed under penalty of perjury;



4. Plaintiff shall caption the amended complaint "Fourth Amended Complaint" and refer to the case number 1:13-cv-00210-GSA-PC; and



5. If Plaintiff fails to comply with this order, this action will be dismissed for failure to state a claim upon which relief may be granted.

IT IS SO ORDERED.

Dated: April 7 , 2015

/s/ Gary S. Austin

UNITED STATES MAGISTRATE JUDGE