McVay v. Rodriguez

Summary

The United States District Court for the Eastern District of California strikes Plaintiff Darron McVay’s first amended complaint because it was unsigned. The court directs the Clerk to provide a civil rights complaint form and gives Plaintiff 30 days to file a signed amended complaint or a notice of voluntary dismissal. The order warns that failure to comply may result in dismissal with prejudice.

Holdings

1. An unsigned pleading must be stricken from the record because Federal Rule of Civil Procedure 11(a) and Eastern District of California Local Rule 131(b) require filed pleadings, motions, and papers to be signed by an attorney of record or by an unrepresented party personally.
2. Because Plaintiff had been released from custody, the prisoner mailbox rule no longer applied; filing was complete when mailed papers were received by the Clerk of Court.

Questions Presented

1. Whether the court was required to strike Plaintiff's first amended complaint because it was unsigned.
2. What filing date applies to papers mailed by Plaintiff after his release from custody.

Disposition

other