Susan Marie Shultz v. County of Kern, et al.

Summary

The United States District Court for the Eastern District of California orders Plaintiff Susan Marie Shultz to file a signed complaint within 21 days because the original complaint was unsigned under Federal Rule of Civil Procedure 11(a) and the court’s local rules. The court holds Shultz’s motion to proceed in forma pauperis in abeyance and warns that failure to comply may result in sanctions, including a recommendation to dismiss the action without prejudice.

Holdings

1. An unsigned pleading must be stricken unless the party promptly corrects the signature deficiency after receiving notice.
2. The court held Plaintiff's motion to proceed in forma pauperis in abeyance until Plaintiff files a signed complaint.

Questions Presented

1. Whether the court must strike an unsigned complaint under Federal Rule of Civil Procedure 11(a) unless the defect is promptly corrected after notice.
2. Whether the court should direct Plaintiff to file a signed complaint and hold her motion to proceed in forma pauperis in abeyance pending correction of the signature deficiency.

Disposition

other