Opinion
2:21-cv-01326-JDP (PC)
07-29-2021
CHRISTOPHER K. CLARK, Plaintiff, v. MARSHALL SAIPHER, et al., Defendants.
ORDER DIRECTING PLAINTIFF TO FILE A SIGNED COMPLAINT AND APPLICATION TO PROCEED IN FORMA PAUPERIS
JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE
Christopher Clark is a state prisoner proceeding without counsel. This action was opened when he submitted to the court an unsigned complaint and unsigned application to proceed in forma pauperis. ECF Nos. 1 & 2. But because these documents were not signed, Mr. Clark has not properly commenced a civil action.
Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief may be granted, ” or “seeks monetary relief from a defendant who is immune from such relief.” Id. § 1915A(b).
The court cannot conduct the required screening of Mr. Clark's complaint because he has not signed it. See ECF No. 1. Rule 11 of the Federal Rules of Civil Procedure requires that “[e]very pleading, written motion, and other paper . . . be signed by at least one attorney of record in the attorney's name-or by a party personally if the party is unrepresented.” Fed.R.Civ.P. 11(a). Because the complaint and application to proceed in forma pauperis are not signed, ECF Nos. 1 & 2, they it will be disregarded. Within thirty days, Mr. Clark may file a complaint that is signed. See Fed. R. Civ. P. 3 (“A civil action is commenced by filing a complaint with the court.”). He must also submit either a signed and completed application to proceed in forma pauperis or pay the $402 filing fee.
Accordingly, it is hereby ORDERED that:
1. Mr. Clark's unsigned complaint and application to proceed in forma pauperis, ECF Nos. 1 & 2, are disregarded.
2. The Clerk of the Court is directed to send Mr. Clark a form complaint and application for leave to proceed in forma pauperis used in this court.
3. Within thirty days of the date of this order, Mr. Clark shall submit:
a. a signed complaint; and
b. a completed affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court.
4. Failure to comply with any part of this order may result in this case being closed.
IT IS SO ORDERED.