(PC) Herron v. Cortez

E.D. California

(PC) Herron v. Cortez

DecidedSeptember 3, 2025

Docket2:25-cv-02429

StatusUnknown

This text of (PC) Herron v. Cortez ((PC) Herron v. Cortez) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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(PC) Herron v. Cortez, (E.D. Cal. 2025).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MAURICE FAUNTAIN HERRON, JR., No. 2:25-cv-2429 CSK P aka MURRICE HERRON,1 12 Plaintiff, 13 ORDER v. 14 C/O CORTEZ, et al., 15 Defendants. 16

17 18 Plaintiff, a state prisoner proceeding pro se, filed a civil rights action pursuant to 19 42 U.S.C. § 1983, along with a request to proceed in forma pauperis. However, plaintiff did not 20 sign (or date) his complaint. Parties proceeding without counsel are required to sign all 21 pleadings, motions, and other papers submitted to the court for filing. Fed. R. Civ. P. 11(a). 22 Thus, the court is unable to consider plaintiff’s complaint unless he signs and re-files the 23 complaint. 24 1 In his complaint, plaintiff uses “Murrice,” but the CDCR inmate locator shows plaintiff’s first 25 name as “Maurice.” This information was obtained from the CDCR Inmate Locator website, https://ciris.mt.cdcr.ca.gov/ (accessed Aug. 29, 2025). The Court may take judicial notice of 26 public records available on online inmate locators. See United States v. Basher, 629 F.3d 1161, 27 1165 (9th Cir. 2011) (taking judicial notice of Bureau of Prisons’ inmate locator available to the public); see also Foley v. Martz, 2018 WL 5111998, at *1 (S.D. Cal. Oct. 19, 2018) (taking 28 judicial notice of CDCR’s inmate locator). ] Accordingly, plaintiff is provided an opportunity to re-file his complaint bearing his 2 || signature. Failure to comply with this order will result in a recommendation that plaintiff's 3 || unsigned complaint be stricken and this action be dismissed. 4 In accordance with the above, IT IS HEREBY ORDERED that: 5 1. Within thirty days from the date of this order, plaintiff shall re-file a signed complaint. 6 Plaintiff's failure to comply with this order will result in a recommendation that 7 plaintiff's unsigned complaint be stricken and this action be dismissed. 8 2. The Clerk of the Court is directed to send plaintiff a copy of the complaint (ECF No. 9 1) without the Court’s filing banner. 10 Dated: September 3, 2025 ry a Cn Ye \L 12 CHI SOO KIM 13. | nen2429 x11 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MAURICE FAUNTAIN HERRON, JR., No. 2:25-cv-2429 CSK P aka MURRICE HERRON,1 12 Plaintiff, 13 ORDER v. 14 C/O CORTEZ, et al., 15 Defendants. 16

17 18 Plaintiff, a state prisoner proceeding pro se, filed a civil rights action pursuant to 19 42 U.S.C. § 1983, along with a request to proceed in forma pauperis. However, plaintiff did not 20 sign (or date) his complaint. Parties proceeding without counsel are required to sign all 21 pleadings, motions, and other papers submitted to the court for filing. Fed. R. Civ. P. 11(a). 22 Thus, the court is unable to consider plaintiff’s complaint unless he signs and re-files the 23 complaint. 24 1 In his complaint, plaintiff uses “Murrice,” but the CDCR inmate locator shows plaintiff’s first 25 name as “Maurice.” This information was obtained from the CDCR Inmate Locator website, https://ciris.mt.cdcr.ca.gov/ (accessed Aug. 29, 2025). The Court may take judicial notice of 26 public records available on online inmate locators. See United States v. Basher, 629 F.3d 1161, 27 1165 (9th Cir. 2011) (taking judicial notice of Bureau of Prisons’ inmate locator available to the public); see also Foley v. Martz, 2018 WL 5111998, at *1 (S.D. Cal. Oct. 19, 2018) (taking 28 judicial notice of CDCR’s inmate locator). ] Accordingly, plaintiff is provided an opportunity to re-file his complaint bearing his 2 || signature. Failure to comply with this order will result in a recommendation that plaintiff's 3 || unsigned complaint be stricken and this action be dismissed. 4 In accordance with the above, IT IS HEREBY ORDERED that: 5 1. Within thirty days from the date of this order, plaintiff shall re-file a signed complaint. 6 Plaintiff's failure to comply with this order will result in a recommendation that 7 plaintiff's unsigned complaint be stricken and this action be dismissed. 8 2. The Clerk of the Court is directed to send plaintiff a copy of the complaint (ECF No. 9 1) without the Court’s filing banner. 10 Dated: September 3, 2025 ry a Cn Ye \L 12 CHI SOO KIM 13. | nen2429 x11 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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