Larry L. Tionson v. Jeffrey Macomber, et al.

Summary

The court recommends striking the plaintiff’s unsigned complaint and dismissing the action without prejudice because the plaintiff failed to submit a signed complaint after being ordered to do so. The document also orders the Clerk to randomly assign a district judge and advises the parties regarding objections to the findings and recommendations.

Holdings

1. An unsigned complaint must be stricken when the plaintiff has been given an opportunity to sign it and fails to do so.
2. The action should be dismissed without prejudice when plaintiff fails to submit a signed complaint and therefore leaves the action without an operative complaint.

Questions Presented

1. Whether an unsigned complaint must be stricken after the plaintiff has been given an opportunity to sign it.
2. Whether an action should be dismissed without prejudice when the plaintiff fails to submit an operative signed complaint.

Disposition

other