Opinion
CASE NO. 1:11-cv-01637-MJS (PC)
10-02-2011
JORDACHE STEPTER, Plaintiff, v. AVENAL STATE PRISON, Defendants.
ORDER STRIKING COMPLAINT AND
REQUIRING PLAINTIFF TO FILE SIGNED
COMPLAINT FORM WITHIN THIRTY DAYS
(ECF No. 4)
On September 15, 2011, Plaintiff Jordache Stepter ("Plaintiff") filed a civil rights Complaint. (ECF No. 4.) However, Plaintiff failed to sign his Complaint. (Id.)
The Court cannot consider unsigned filings. Fed. R. Civ. P. 11(a) ("[e]very pleading...must be signed...by a party personally if the party is unrepresented"). Accordingly, this Complaint shall be stricken from the record. Plaintiff will be given thirty days to file a signed complaint that complies with Federal Rule of Civil Procedure 8(a).
A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief. . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, ____ U.S. ____, ____, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65 (2007)). While a plaintiff's allegations are taken as true, courts "are not required to indulge unwarranted inferences." Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted). To state a viable claim for relief, Plaintiff must set forth factual allegations sufficient to state a plausible claim for relief. Iqbal, 129 S.Ct. at 1949-50; Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The mere possibility of misconduct falls short of meeting this plausibility standard. Id.
Plaintiff has thirty days to file a signed complaint that complies with Federal Rule of Civil Procedure 8(a).
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's Complaint is stricken from the record for lack of signature;
2. Within thirty (30) days from the date of service of this Order, Plaintiff must file a signed complaint; and
3. The failure to comply with this Order will result in dismissal of this action.
IT IS SO ORDERED.
UNITED STATES MAGISTRATE JUDGE ____