Robert Smythe v. Bailey, et al.

Summary

The United States District Court for the Eastern District of California grants Plaintiff Robert Smythe a final 30-day opportunity to file a complete and signed complaint in his 42 U.S.C. § 1983 action. The order warns that failure to comply may result in a recommendation of dismissal with prejudice for failure to obey a court order and failure to state a claim.

Holdings

1. Filing only the completed signature page was insufficient to comply with the court's order; Plaintiff was required to file a complete and signed complaint.
2. The signed complaint must be complete in itself, without reference to the prior or superseded pleading, and must briefly identify what each named defendant did that allegedly deprived Plaintiff of constitutional rights.

Questions Presented

1. Whether filing only the signature page of a previously stricken complaint satisfies the court's order requiring a complete and signed complaint.
2. What pleading requirements Plaintiff must satisfy to proceed with the § 1983 action.

Disposition

other