1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY L. TIONSON, No. 2:24-cv-02898-EFB (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 JEFFREY MACOMBER, et al., 15 Defendants. 16 Plaintiff, a state inmate, proceeds without counsel in an action brought under

1983. This proceeding was referred to this court by Local Rule 302 pursuant to

636(b)(1). 19 On September 5, 2025, the court ordered plaintiff to submit a signed complaint within 30 20 days. ECF No. 7. The order warned plaintiff that failure to submit a signed complaint would lead 21 to a recommendation that the case be dismissed. The time for acting has now passed and plaintiff 22 has not filed a signed complaint or otherwise responded to the court’s order. 23 The Federal Rules of Civil Procedure require an operative complaint. Fed. R. Civ. P. 3 24 (“A civil action is commenced by filing a complaint with the court.”). A complaint that is not 25 signed after a party has been given an opportunity to do so must be stricken. Fed. R. Civ. P. 26 11(a); West v. Hulbert, No. 1:16-CV-00046-DAD,

, at *1 (E.D. Cal. 27 May 16, 2016) (“Because the Court cannot consider unsigned filings, the complaint must be 28 1 | stricken”); Anderson v. Krpan, No. 1:14-CV-01380-AWWI,

, at *5 2 | (E.D. Cal. Jan. 29, 2015) (same). Thus, plaintiff's unsigned complaint must be stricken. 3 Without an operative complaint, the action should be dismissed. See Ferdik v. Bonzelet, 4 |

(9th Cir. 1992). 5 Accordingly, it is ORDERED that the Clerk of Court randomly assign a district judge to 6 || this action. It is RECOMMENDED that the complaint be stricken and this action be dismissed 7 || without prejudice for failure to submit a signed complaint. Fed. R. Civ. P. 11(a). 8 These findings and recommendations are submitted to the United States District Judge 9 || assigned to the case, pursuant to the provisions of

(b)(1). Within fourteen days 10 || after being served with these findings and recommendations, any party may file written 11 || objections with the court and serve a copy on all parties. Such a document should be captioned 12 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 13 || objections shall be served and filed within fourteen days after service of the objections. The 14 | parties are advised that failure to file objections within the specified time may waive the right to 15 || appeal the District Court’s order. Turner v. Duncan,

, 455 (9th Cir. 1998); Martinez 16 | v. Yist,

(9th Cir. 1991). 17 18 || Dated: December 2, 2025 _ittidl Hema EDMUND F. BRENNAN 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28