Swagerty v. Palagummi

Full title: MARK SWAGERTY, JR., Plaintiff, v. DR. SAMBRAJYA PALAGUMMI, et al.…

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jan 23, 2012

2:12-cv-0102 KJN P (E.D. Cal. Jan. 23, 2012)

Opinion

MARK SWAGERTY, JR., Plaintiff, v. DR. SAMBRAJYA PALAGUMMI, et al., Defendants. No. 2:12-cv-0102 KJN P. United States District Court, E.D. California. January 23, 2012.

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         Plaintiff, a state prisoner proceeding without counsel, has filed a civil rights action pursuant to 42 U.S.C. § 1983, together with a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. However, plaintiff did not sign the application. In addition, plaintiff failed to sign the complaint. Rule 11 of the Federal Rules of Civil Procedure requires unrepresented parties to sign all pleadings. Therefore, plaintiff will be provided the opportunity to submit a signed in forma pauperis application and a signed complaint. The Clerk of the Court is directed to send plaintiff copies of plaintiff's complaint and motion to proceed in forma pauperis. Plaintiff may simply sign each document and return them to the court.

         In accordance with the above, IT IS HEREBY ORDERED that:

         1. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission and submit the following signed documents to the court:

a. A signed Application to Proceed In Forma Pauperis By a Prisoner; and

b. A signed complaint.

2. The Clerk of the Court is directed to send plaintiff a copy of plaintiff's January 12, 2012 complaint (dkt. no. 1) and motion to proceed in forma pauperis (dkt. no. 2); and

         3. Plaintiff's failure to comply with this order may result in the dismissal of this action without prejudice.

         NOTICE OF SUBMISSION

         Plaintiff hereby submits the following document in compliance with the court's order filed __________________: