Stelly v. Shiffer

Summary

The court grants Plaintiff additional time, until May 30, 2025, to file a signed amended complaint in this § 1983 action. The order explains that the previously filed amended complaint was unsigned and warns that failure to timely correct the omission will result in the amended complaint being stricken, with the case proceeding only on the original excessive-force claims against Deputies Kapustin and Shiffer.

Holdings

1. The court granted Plaintiff until May 30, 2025, to file a signed amended complaint, either by signing and refiling the existing amended complaint or by filing a new signed amended complaint.
2. If Plaintiff failed to file a signed amended complaint by the deadline and in compliance with the court's order, the unsigned amended complaint would be stricken, the case would proceed only on the original excessive-force claims against Deputies Kapustin and Shiffer, and all other claims would be dismissed without further leave to amend.

Questions Presented

1. Whether an unsigned amended complaint must be stricken under Federal Rule of Civil Procedure 11(a) or whether Plaintiff should receive additional time to correct the omission.
2. What claims and defendants would remain if Plaintiff failed to file a signed amended complaint by the court-ordered deadline.

Disposition

other