-RBC Martin v. Fort Wayne Police Department et al, No. 1:2011cv00351 - Document 4 (N.D. Ind. 2011)
Court Description: OPINION AND ORDER -- Plaintiff's state court complaint was unsigned and Plaintiff is notified that his state court complaint will be STRICKEN unless he files a signed amended complaint on or before November 1, 2011. Signed by Magistrate Judge Roger B Cosbey on 10/7/2011. (kjm)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION ANTHONY C. MARTIN, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. FORT WAYNE POLICE DEPARTMENT, et al., Defendants. Case No. 1:11-cv-351 OPINION AND ORDER This 42 U.S.C. ยง 1983 case filed by pro se Plaintiff Anthony Martin was removed here from Allen Superior Court by Defendants on October 6, 2011. (Docket # 2.) Martin s removed state court complaint, however, is unsigned. (Docket # 1.) Consistent with Federal Rule of Civil Procedure 11, Plaintiff is notified that his state court complaint will be STRICKEN unless he files a signed amended complaint on or before November 1, 2011. See Ind. Trial Rule 11(A) ( If a pleading or motion is not signed . . ., it may be stricken as sham and false and the action may proceed as though the pleading had not been served. ); see, e.g., Clark v. Countrywide Home Loans, No. 09-CV-01998-OWW-GSA, 2010 WL 697232 (E.D. Ca. Feb. 25, 2010) (notifying plaintiff that his unsigned, removed state court complaint was subject to being stricken and directing him to file a signed amended complaint). The signed amended complaint will then become the operative pleading in this case. SO ORDERED. Entered this 7th day of October, 2011. /S/ Roger B. Cosbey Roger B. Cosbey, United States Magistrate Judge
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