Chris Miller v. I. Salcedo

Summary

The United States District Court for the Eastern District of California discharges its order to show cause after Plaintiff Chris Miller responds regarding the failure to file a signed complaint. The court directs the Clerk to resend the unsigned complaint and gives Plaintiff until January 5, 2026, to sign, date, and refile it under penalty of perjury. The order warns that failure to comply may result in a recommendation of dismissal under Federal Rule of Civil Procedure 41(b) and Local Rule 110.

Holdings

1. The court discharged the November 20, 2025 order to show cause and allowed Plaintiff additional time to submit a signed complaint.
2. An unrepresented party must personally sign pleadings, written motions, and other papers, and the court will not consider and will strike future filings that are unsigned.
3. If Plaintiff fails to timely submit a signed complaint, the undersigned will recommend dismissal for failure to comply with a court order and to prosecute the action.

Questions Presented

1. Whether the order to show cause should be discharged in light of Plaintiff's representation that he had returned a signed complaint.
2. Whether Plaintiff should be afforded additional time to file a complaint personally signed under penalty of perjury.
3. What consequence should follow if Plaintiff continues to submit unsigned filings or fails to comply with the court's order.

Disposition

other