(PC) Rose v. Helms-Lewis ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD ROSE, Case No. 1:23-cv-00498-HBK (PC) 12 Plaintiff, ORDER STRIKING UNSIGNED COMPLAINT 13 v. (Doc. No. 1) 14 KIMBERLY HELMS-LEWIS, NICOLE A. SILVEIRA, VERNON H. WRANKE, 15 Defendants. 16 17 Plaintiff Richard Rose, a prisoner, initiated this action by filing a pro se civil rights 18 complaint in the Sacramento Division of this Court on March 29, 2023. (Doc. No. 1, Complaint). 19 The case was transferred to this Court’s Fresno Division on April 4, 2023. (Doc. No. 3). Upon 20 review, the Court finds the Complaint is unsigned. (Doc. 1 at 10). Because the Court cannot 21 consider unsigned filings, the Complaint must be stricken. Fed. R. Civ. P. 11(a); L.R. 22 131(b). L.R. 131(b). See, e.g., West v. Hulbert, 2016 WL 2854416, at *1 (E.D. Cal. May 16, 23 2016) (“Because the Court cannot consider unsigned filings, the complaint must be 24 STRICKEN”); Anderson v. Krpan, 2015 WL 402086, at *2 (E.D. Cal. Jan. 29, 2015) (“The Court 25 cannot consider unsigned filings and therefore, the first amended complaint shall be stricken from 26 the record.”). Further, the Complaint is not on the approved form. The Court finds the use of the 27 approved form judicially more efficient. 28 //// 1 Accordingly, it is ORDERED: 2 1. The Clerk shall STRIKE Plaintiff's Complaint (Doc. No. 1) from the docket. 3 2. Within thirty (30) days of the date on this Order, Plaintiff shall file a complaint that is 4 signed under penalty of perjury. The Court urges Plaintiff to use the form approved 5 for use in this Court. 6 3. The Clerk of Court shall include a prisoner civil rights complaint form for □□□□□□□□□□□ 7 use in filing his complaint. 8 4. Plaintiffs failure to timely comply with this Order will result in the undersigned 9 recommending the district court dismiss this case for Plaintiff's failure to comply with 10 a Court order and prosecute this action. 11 | Dated: __April 5, 2023 Mle Wh fareh Zack 13 HELENA M. BARCH-KUCHTA 4 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28