Anderson v. Stanton

MEMORANDUM AND ORDER

This matter is before the Court upon its own motion. Self-represented Petitioner Allen John Dale Anderson has initiated this action with an unsigned Petition. See ECF No. 1 at 13. Under Federal Rule of Civil Procedure 11, every written pleading or motion must be signed "by a party personally if the party is unrepresented" and the Court may strike an unsigned paper "unless the omission is promptly corrected after being called to the . . . party's attention." Similarly, the Local Rules of this Court also require that all filings be signed by the party or the party's attorney. See E.D. Mo. L.R. 2.01(A)(1). As such, the Court will order the Clerk to return the Petition to Petitioner, so that he may sign it and return it to the Court for filing. Furthermore, Petitioner has neither paid the filing fee nor filed a motion for leave to proceed in forma pauperis. "The Clerk may refuse to receive and file any pleading or document in any case until the applicable statutory fee is paid, except in cases accompanied by a completed application to proceed in forma pauperis." E.D. Mo. Local Rule 2.01(B)(1). Accordingly,

IT IS HEREBY ORDERED that the Clerk shall return Petitioner's unsigned Petition to him and Petitioner shall sign the Petition and return it to the Court, within thirty (30) days of the

1