Chris Miller v. I. Salcedo
Chris Miller v. I. Salcedo
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRIS MILLER, Case No. 1:25-cv-01307-HBK 12 Plaintiff, ORDER DISCHARGING ORDER TO SHOW CAUSE 13 v. (Doc. No. 8) 14 I. SALCEDO, ORDER DIRECTING CLERK TO RESEND 15 Defendant. COPY OF UNSIGNED COMPLAINT TO PLAINTIFF FOR SIGNING AND REFILINIG 16 JANUARY 5, 2026 DAY DEADLINE 17 18 On November 20, 2025, the undersigned ordered Plaintiff to show cause why the court 19 should not dismiss this case pursuant to Local Rule 110 for Plaintiff’s failure to comply with the 20 October 6, 200205 order directing Plaintiff to return a signed complaint under penalty of perjury. 21 (Doc. No. 8, “show cause order”). On December 11, 2025, Plaintiff filed a response to the show 22 cause order. (Doc. No. 9). Therein, Plaintiff states he promptly returned a signed complaint upon 23 receipt of the October 6, 2025 order. (Id.). Notably, similar to Plaintiff’s original complaint, the 24 response is not signed by Plaintiff. (Id.). 25 The docket reveals that, to date, no signed complaint has been received or filed. 26 Nonetheless, given Plaintiff’s representations, the court will discharge the show cause order and 27 afford Plaintiff additional time to refile a signed complaint. The court duly warns Plaintiff that 28 Rule 11 requires all pleadings, written motions, and other papers be signed by a party personally 1 | if the party is unrepresented. Fed. R. Civ. P. 11(a); see also E.D. Ca. Local Rule 131(b). The 2 | Court will not consider and will strike any future filings by Plaintiff if they are unsigned. Fed. R. 3 | Civ. P. 11(a); L-R. 131(b). L.R. 131(b). See, e.g., West v. Hulbert,
2016 WL 2854416, at *1 4 | (E.D. Cal. May 16, 2016) (“Because the Court cannot consider unsigned filings, the 5 | complaint must be STRICKEN”). 6 Accordingly, it is ORDERED: 7 1. The court discharges the November 20, 2025 order to show cause (Doc. No. 8). 8 2. Onor before January 5, 2026, Plaintiff shall deliver to correctional officials for 9 mailing a copy of his complaint dated and signed under penalty of perjury. 10 3. The Clerk of Court shall resend a copy of the unsigned complaint (Doc. No. 1) to 11 Plaintiff with this order for Plaintiff's convenience in signing, dating, and refiling his 12 complaint. 13 4. Plaintiffs failure to timely comply with this Order will result in the undersigned 14 recommending the district court dismiss this case for Plaintiff's failure to comply with 15 a Court order and prosecute this action consistent with Local Rule 110 and Federal 16 Rule of Civil Procedure 41(b). 17 18 Dated: _ December 15, 2025 law ZA. foareh Zackte 19 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE
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Reference
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