Opinion
Civ. 23-4572 (RBK) (EAP)
02-22-2024
MEMORANDUM & ORDER
ROBERT B. KUGLER UNITED STATES DISTRICT JUDGE
Plaintiff, Khaleef Daniels (“Plaintiff” or “Daniels”), is a federal prisoner currently incarcerated at F.C.I. Fairton in Fairton, New Jersey. He is proceeding pro se with a civil complaint and accompanying exhibits. (See ECF 1, 1-2). Federal Rule of Civil Procedure 11(a) requires that Plaintiff sign his complaint. However, Plaintiff's complaint is unsigned. (See ECF 1 a 7). Rule 11(a) requires this Court to strike the complaint unless the deficiency is promptly corrected after bringing it to the pro se plaintiff's attention. See Fed.R.Civ.P. 11(a). Thus, Plaintiff shall be afforded a short period in which to submit to this Court a signed copy of his complaint. For purposes of docket management only, the Clerk will be ordered to administratively terminate this case subject to reopening if Plaintiff submits a signed copy of his complaint in the time allotted by this Court.
Accordingly, IT IS on this 21st day of February, 2024, ORDERED that the Clerk shall administratively terminate this case as Plaintiff's complaint runs afoul of Federal Rule of Civil Procedure 11(a) as it is unsigned; and is further
ORDERED that Plaintiff shall have thirty (30) days from the date of this memorandum and order in which to submit a signed complaint; and it is further
ORDERED that upon receiving a signed copy of Plaintiff's complaint, this Court will order the Clerk to reopen this case so that the complaint can be screened pursuant to 28 U.S.C. §§ 1915(e)(2)(B) & 1915A(b) in due course; and it is further
ORDERED that the Clerk shall serve on Plaintiff by regular U.S. mail: (1) a copy of this memorandum and order; and (2) a copy of Plaintiff's previously filed unsigned complaint and accompanying exhibits (ECF 1 & 1-2).