Opinion
Case No: 2:18-cv-176-FtM-99CM
04-20-2018
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This matter comes before the Court on Plaintiff's Unsigned Complaint (Doc. 1) filed on March 16, 2018. The Complaint was not signed by Plaintiff. Pursuant to the Federal Rules of Civil Procedure, "[e]very pleading, written motion, and other paper must 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). Plaintiff's Complaint is therefore due to be stricken from the record.
Plaintiff may refile his Complaint after he signs it. Plaintiff is cautioned that even though he is proceeding pro se he is still required to proceed in accordance with the Federal and Local Rules. Loren v Sasser, 309 F.3d 1296, 1304 (11th Cir. 2002) (holding that even pro se parties must follow procedures).
Accordingly, it is now
ORDERED:
(1) Plaintiff Dominic Rosato's Complaint (Doc. 1) is STRICKEN and shall be returned to Plaintiff.
(2) Within TWENTY-ONE (21) DAYS from the date on this Order, Plaintiff shall file a signed Complaint.
(3) Plaintiff's failure to timely comply with this Order, or explain his inability to comply, will result in the dismissal of this action without further notice.
DONE and ORDERED in Fort Myers, Florida this 20th day of April, 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies:
Dominic Rosato
SA: FTMP-2