(PC) Winston v. United States

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA

11 LeANTHONY T. WINSTON, 1:23-cv-01166-GSA-PC 12 Plaintiff, ORDER STRIKING COMPLAINT FOR LACK OF SIGNATURE 13 vs. (ECF No. 1.)

14 UNITED STATES OF AMERICA, ORDER FOR PLAINTIFF TO FILE AN 15 Defendant. AMENDED COMPLAINT ON COURT’S FORM BEARING HIS SIGNATURE ON 16 OR BEFORE SEPTEMBER 15, 2023 17 ORDER FOR CLERK TO SEND § 1983 FORM COMPLAINT TO PLAINTIFF

21 LeAnthony T. Winston is a federal prisoner proceeding pro se with this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). On August 4, 2023, Plaintiff filed an unsigned civil complaint. (ECF No. 1.) All filings submitted to the court must bear the signature of the filing party. Local Rule 131; Fed. R. Civ. P. 11(a).

25 Accordingly, IT IS HEREBY ORDERED that: 26 1. Plaintiff’s Complaint, filed on August 4, 2023, is STRICKEN from the record for 27 lack of signature; 28 2. The Clerk’s Office shall send Plaintiff a form § 1983 complaint; 1 3. On or before September 15, 2023, Plaintiff is required to file an amended 2 complaint on the Court’s form bearing Plaintiff’s original signature; and 3 4. Plaintiff’s failure to comply with this order shall result in the dismissal of this 4 action.

IT IS SO ORDERED.

7 Dated: August 8, 2023 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE