Stelly v. Shiffer
- Jacquelyn Corley
- 3:24-cv-06775
- U.S. District Court · Northern District of California
- 2
In Stelly v. Shiffer, Judge Corley granted an unrepresented inmate until May 30, 2025, to file a signed amended complaint.
Kamani Courvoisier Stelly, whose unsigned amended complaint must be signed and refiled by May 30, 2025, or it will be stricken and the case will proceed only on the specified excessive-force claims.
What happened
In Stelly v. Shiffer, Kamani Courvoisier Stelly, an inmate representing himself, filed a civil-rights lawsuit under federal law. An earlier review found excessive-force claims against Deputies Kapustin and Shiffer but identified problems with other claims.
Stelly filed an amended complaint, but it was unsigned. The court gave him until May 30, 2025, to file a signed copy or a new signed amended complaint that follows the court’s instructions.
Judge Jacquelyn Corley ordered that the unsigned complaint would be removed if Stelly missed the deadline. The case would then proceed only on the original excessive-force claims against Deputies Kapustin and Shiffer, while the other claims would be dismissed without another opportunity to amend.
The detailed version
- Stelly v. Shiffer · No. 3:24-cv-06775
- Jacquelyn Corley
- Apr. 24, 2025
Background
Kamani Courvoisier Stelly, an inmate proceeding without an attorney, brought this civil-rights action under 42 U.S.C. § 1983. The case was initially assigned to Magistrate Judge Nathaniel E. Cousins. After reviewing the complaint under the federal prisoner-screening statute, 28 U.S.C. § 1915A, Judge Cousins found that Stelly stated claims that could proceed against Deputy Kapustin and Deputy Shiffer for allegedly using excessive force. Judge Cousins found deficiencies in Stelly’s other claims, including claims against Deputy Cubit and claims concerning his cell conditions and medical care, and allowed Stelly to amend those claims.
Stelly timely filed an amended complaint, but the filing did not contain his signature. Federal Rule of Civil Procedure 11(a) requires an unrepresented party to sign a pleading and requires the court to strike an unsigned filing unless the omission is promptly corrected after being identified.
Ruling
Judge Jacquelyn Corley granted Stelly additional time, through May 30, 2025, to file a signed amended complaint. Stelly could submit a signed copy of the amended complaint already filed or a new signed amended complaint. The court instructed that the filing must use the caption and civil case number identified in the order, include the words “AMENDED COMPLAINT” on its first page, and answer all questions if Stelly used the court’s form.
The court explained that an amended complaint replaces the original complaint. Claims and defendants omitted from the amended complaint would no longer be part of the case. If Stelly failed to file a signed amended complaint by the deadline and in accordance with the earlier order, the unsigned amended complaint would be stricken; the case would proceed only on the original excessive-force claims against Deputies Kapustin and Shiffer; and the remaining claims would be dismissed without further leave to amend.
Disposition
The court granted additional time to file a signed amended complaint. The order did not decide the merits of the excessive-force claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.