(PC) Pasley v. Horn

E.D. California

(PC) Pasley v. Horn

DecidedJune 5, 2025

Docket1:25-cv-00682

StatusUnknown

This text of (PC) Pasley v. Horn ((PC) Pasley v. Horn) 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) Pasley v. Horn, (E.D. Cal. 2025).

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LARRY WAYNE PASLEY, JR., 1:25-cv-00682-HBK (PC)

10 Plaintiff, ORDER STRIKING UNSIGNED 11 v. COMPLAINT 12 PAT HORN, et al., 30-DAY DEADLINE 13 Defendant.

14 15 Plaintiff Larry Wayne Pasley, Jr., a prisoner, initiated this action by filing a pro se civil 16 rights complaint on June 5, 2025. (Doc. No. 1, Complaint). Upon review, the Court finds the 17 Complaint facially deficient because it is not signed by Plaintiff under penalty of perjury. Rule 18 11 requires all pleadings, written motions, and other papers be signed by at least one attorney of 19 record or by a party personally if the party is unrepresented. Fed. R. Civ. P. 11(a); see also E.D. 20 Ca. Local Rule 131(b). Because the Court cannot consider unsigned filings, the Complaint must 21 be stricken. Fed. R. Civ. P. 11(a); L.R. 131(b). L.R. 131(b). See, e.g., West v. Hulbert, 2016 WL 22 2854416, at *1 (E.D. Cal. May 16, 2016) (“Because the Court cannot consider unsigned filings, 23 the complaint must be STRICKEN”); Anderson v. Krpan, 2015 WL 402086, at *2 (E.D. Cal. Jan. 24 29, 2015) (“The Court cannot consider unsigned filings and therefore, the first amended 25 complaint shall be stricken from the record.”). 26 Accordingly, it is ORDERED: 27 1. The Clerk shall STRIKE Plaintiff’s Complaint (Doc. No. 1) from the docket. 28 2. Within thirty (30) days of the date on this Order, Plaintiff shall file a complaint that is 1 signed under penalty of perjury. 2 3. The Clerk of Court shall include a blank prisoner civil rights complaint form for 3 Plaintiff's use in refiling his complaint. 4 4. Plaintiffs failure to timely comply with this Order will result in the undersigned 5 recommending the district court dismiss this case for Plaintiff's failure to comply with 6 a Court order and prosecute this action. 7 | Dated: _ June 5, 2025 Mile. □□□ foareA Zacks 9 HELENA M. BARCH-KUCHTA 10 UNITED STATES MAGISTRATE JUDGE

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LARRY WAYNE PASLEY, JR., 1:25-cv-00682-HBK (PC)

10 Plaintiff, ORDER STRIKING UNSIGNED 11 v. COMPLAINT 12 PAT HORN, et al., 30-DAY DEADLINE 13 Defendant.

14 15 Plaintiff Larry Wayne Pasley, Jr., a prisoner, initiated this action by filing a pro se civil 16 rights complaint on June 5, 2025. (Doc. No. 1, Complaint). Upon review, the Court finds the 17 Complaint facially deficient because it is not signed by Plaintiff under penalty of perjury. Rule 18 11 requires all pleadings, written motions, and other papers be signed by at least one attorney of 19 record or by a party personally if the party is unrepresented. Fed. R. Civ. P. 11(a); see also E.D. 20 Ca. Local Rule 131(b). Because the Court cannot consider unsigned filings, the Complaint must 21 be stricken. Fed. R. Civ. P. 11(a); L.R. 131(b). L.R. 131(b). See, e.g., West v. Hulbert, 2016 WL 22 2854416, at *1 (E.D. Cal. May 16, 2016) (“Because the Court cannot consider unsigned filings, 23 the complaint must be STRICKEN”); Anderson v. Krpan, 2015 WL 402086, at *2 (E.D. Cal. Jan. 24 29, 2015) (“The Court cannot consider unsigned filings and therefore, the first amended 25 complaint shall be stricken from the record.”). 26 Accordingly, it is ORDERED: 27 1. The Clerk shall STRIKE Plaintiff’s Complaint (Doc. No. 1) from the docket. 28 2. Within thirty (30) days of the date on this Order, Plaintiff shall file a complaint that is 1 signed under penalty of perjury. 2 3. The Clerk of Court shall include a blank prisoner civil rights complaint form for 3 Plaintiff's use in refiling his complaint. 4 4. Plaintiffs failure to timely comply with this Order will result in the undersigned 5 recommending the district court dismiss this case for Plaintiff's failure to comply with 6 a Court order and prosecute this action. 7 | Dated: _ June 5, 2025 Mile. □□□ foareA Zacks 9 HELENA M. BARCH-KUCHTA 10 UNITED STATES MAGISTRATE JUDGE

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(PC) Pasley v. Horn, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pc-pasley-v-horn-caed-2025.