Chris Miller v. I. Salcedo

Summary

The United States District Court for the Eastern District of California struck Plaintiff Chris Miller’s pro se civil rights complaint because it was unsigned. The court directed the Clerk to provide Plaintiff a copy of the complaint for signing and refiling within 30 days and warned that failure to comply could result in dismissal.

Holdings

1. An unsigned complaint that does not comply with Federal Rule of Civil Procedure 11(a) and Eastern District of California Local Rule 131(b) must be stricken because the court cannot consider unsigned filings.
2. After striking the unsigned complaint, the court must provide Plaintiff a copy of the complaint and allow thirty days to return a dated and signed complaint for filing.

Questions Presented

1. Whether an unsigned pro se complaint may remain on the docket when Federal Rule of Civil Procedure 11(a) and Eastern District of California Local Rule 131(b) require a party's signature.
2. What procedural relief should be provided after striking the unsigned complaint.

Disposition

other