Opinion
1:23-cv-00595-CDB (PC)
08-04-2023
JOSE ALFREDO TALAVERA, Plaintiff, v. DR. GILL RAVIJOT, et al., Defendants.
ORDER STRIKING FIRST AMENDED COMPLAINT (DOC. 9) ORDER DIRECTING PLAINTIFF TO FILE A SIGNED FIRST AMENDED COMPLAINT WITHIN THIRTY (30) DAYS
Plaintiff Jose Alfredo Talavera is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
I. RELEVANT BACKGROUND
Plaintiff initiated this action with the filing of his complaint on April 18, 2023. (Doc. 1.)
On June 12, 2023, this Court issued its First Screening Order. (Doc. 8.) The Court found Plaintiff stated a cognizable Eighth Amendment deliberate indifference to serious medical needs claim against Defendant Gill and cognizable Eighth Amendment excessive force claims against Defendants Ramirez, Navarro and Geston, but that Plaintiff's complaint failed to state any other cognizable claim against any other defendant. (Id. at 5-14.) As a result, within 21 days of the date of service of that order, Plaintiff was directed to elect one of the following options: (1) notify the Court in writing that he did not wish to file a first amended complaint and was willing to proceed only on the claims found cognizable by the Court with the remaining claims against any defendant to be dismissed; or (2) file a first amended complaint curing the deficiencies identified by the Court in the screening order; or (3) file a notice of voluntary dismissal. (Id. at 15.)
On June 12, 2023, Plaintiff filed an amended complaint. (Doc. 9.)
II. DISCUSSION
A review of Plaintiff's first amended complaint reveals it is not signed. (See Doc. 9 at 7.)
Both the Federal Rules of Civil Procedure and this Court's Local Rules require that all filed pleadings, motions and papers be signed by at least one attorney of record or by the party personally if the party is unrepresented. See Fed.R.Civ.P. 11(a); Local Rule 131(b). Additionally, in this Court's First Informational Order In Prisoner/Civil Detainee Civil Rights Case, issued April 19, 2023, Plaintiff was advised: “Each document submitted for filing must include the original signature of the filing party. Local Rule 131; Fed., R. Civ. P. 11(a). Documents submitted without the required signature may be stricken.” (See Doc. 3 at 2, emphasis in original.)
Because the amended complaint is not signed by Plaintiff, the Court must strike it from the record. Fed.R.Civ.P. 11(a). Plaintiff will be permitted an opportunity to file a signed first amended complaint, within 30 days of the date of this order, that complies with the Federal Rules of Civil Procedure and the Local Rules.
III. CONCLUSION AND ORDER
Accordingly, IT IS HEREBY ORDERED that:
1. The first amended complaint filed June 12, 2023 (Doc. 9) is STRICKEN;
2. Within thirty (30) days of the date of service of this order, Plaintiff SHALL file a signed first amended complaint; and
Remainder of This Page Intentionally Left Blank
3. The Clerk of the Court is DIRECTED to serve a blank civil rights complaint form with this order.
IT IS SO ORDERED.