Opinion
No. CV 1-08-1443-SMM.
April 2, 2009
ORDER
On March 23, 2009, Plaintiff Tony Edward Powell, who is confined in the United States Penitentiary-Atwater, filed a pro se Third Amended Complaint pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971).
I. Third Amended Complaint is not signed
All pleadings must be signed by the party if the party is not represented by an attorney. Fed.R.Civ.P. 11(a) and LRCiv 7-131(b). An unsigned pleading must be stricken unless omission of the signature is corrected promptly after being called to the attention of the party. Fed.R.Civ.P. 11(a).
Plaintiff's Third Amended Complaint is unsigned. Therefore, Plaintiff will be permitted 30 days from the filing date of this Order to submit a completed and signed Certificate, using the Certificate form included with this Order, certifying that Plaintiff's signature on the Certificate shall serve as an original signature on his Third Amended Complaint for the purposes of Rule 7-131(b) of the Local Rules of Civil Procedure and Rule 11 of the Federal Rules of Civil Procedure.
II. Warnings
A. Address Changes
Plaintiff must file and serve a notice of a change of address in accordance with Rule 83-182(f) and 83-183(b) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other relief with a notice of change of address. Failure to comply may result in dismissal of this action.
B. Copies
Plaintiff must submit an additional copy of every filing for use by the Court. See LRCiv 5-133(d)(2). Failure to comply may result in the filing being stricken without further notice to Plaintiff.
C. Possible Dismissal
If Plaintiff fails to timely comply with every provision of this Order, including these warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to comply with any order of the Court).
IT IS ORDERED:
(1) Within 30 days of the date this Order is filed, Plaintiff must file a completed and signed Certificate, using the Certificate form provided with this Order, certifying that Plaintiff's signature on the Certificate shall serve as an original signature on his Third Amended Complaint for the purposes of Rule 7-131(b) of the Local Rules of Civil Procedure and Rule 11 of the Federal Rules of Civil Procedure.
(2) If Plaintiff fails to file, within 30 days, a completed and signed Certificate on the form provided with this Order, the Clerk of Court must strike Plaintiff's Third Amended Complaint and enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff.
(3) The Clerk of Court must mail Plaintiff a Certificate form.