Foster v. Peters
Foster v. Peters
Trial Court Opinion
1 UNITED STATES DISTRICT COURT
2 2 DISTRICT OF NEVADA
3 3 BRENDON FOSTER, Case No.: 3:25-cv-00096-ART-CSD 4 4 Plaintiff, 5 5 ORDER v. 6 6 J. PETERS, et al., 7 7 Defendants. 8 8 9 9 I. DISCUSSION 10 10 On February 18, 2025, pro se plaintiff Brendon Foster, an inmate in the custody of 11 11 the Humboldt County Detention Center, submitted a complaint under
42 U.S.C. § 198312 12 and applied to proceed in forma pauperis. (ECF Nos. 1-1, 1). Plaintiff states that he was 13 13 not able to get certain financial paperwork because correctional officers refused to provide 14 14 it. (ECF No. 1 at 6). Given the documents that Plaintiff has provided, the Court considers 15 15 that application to proceed in forma pauperis complete and will consider the merits of the 16 16 application at a later time. 17 17 However, Plaintiff did not include the final page of the Court’s standard complaint 18 18 form with his complaint. This final page includes a place for Plaintiff to sign his name and 19 19 attest under penalty of perjury that the allegations in the complaint are true. Under the 20 20 Federal Rules of Civil Procedure, an unrepresented party must sign any documents he 21 21 files. Fed. R. Civ. P. 11(a). The Court cannot consider the complaint because Plaintiff did 22 22 not personally sign it. If Plaintiff wants to proceed with this action, he must file an amended 23 23 complaint that he has signed personally. Plaintiff is advised that an amended complaint 24 24 replaces the original complaint, so the amended complaint must be complete in itself. See 25 25 Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc.,
896 F.2d 1542, 1546(9th Cir. 1989). 26 26 This means the amended complaint must contain all claims, defendants, and factual 27 27 allegations that Plaintiff wishes to pursue in this action. The submission of a mere 28 4| signature page will not be enough. Moreover, Plaintiff should file the amended complaint 2} onthis Court’s approved civil-rights form, and it must be titled “First Amended Complaint.” 3) IL CONCLUSION 4 It is therefore ordered that Plaintiff has until April 7, 2025, to submit a signed 5| amended complaint to this Court. 6 Plaintiff is cautioned that this action will be subject to dismissal without prejudice if 7| Plaintiff fails to timely comply with this order. A dismissal without prejudice allows Plaintiff to refile the case with the Court, under a new case number, when Plaintiff can file a 9} complete, signed complaint. 10 " DATED: March 7, 2025. 12 13 " 15 16 17 18 19 20 21 22 23 24 25 26 27
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