Mays v. Continental Tire USA et al

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KENDEL MAYS,
Plaintiff,
v.
CONTINENTAL TIRE USA, JANE DOES 1-2,
and JOHN DOES 1-2,
Defendants.
Case No. 25-cv-2168-JPG
MEMORANDUM AND ORDER
This matter comes before the Court after review of plaintiff Kendel Mays’s Complaint
(Doc. 1). In a January 12, 2026, order (Doc. 5), the Court noted that the pro se Complaint did
not bear Mays’s signature as required by Federal Rule of Civil Procedure 11(a). The Court
directed the Clerk to send Mays a copy of his Complaint so he could sign it and refile it within
21 days to promptly bring it into compliance with Rule 11(a). The Court further warned Mays
that if he failed to do so, the Court would strike his unsigned Complaint and dismiss this case.
The Court has waited longer than 21 days, yet Mays has not refiled his Complaint with his
signature.
Rule 11(a) directs that the Court “must strike” an unsigned paper unless the lack of a
signature is promptly corrected after it is called to the party’s attention. Mays has failed to
correct the omission after the Court brought it to his attention, so the Court STRIKES his
Complaint. Without an opening pleading, a case may not proceed. Accordingly, as it warned
Mays it would do, the Court DISMISSES this case without prejudice and DIRECTS the Clerk
of Court to close the case. Mays’s motion for leave to proceed in forma pauperis is DENIED as
moot (Doc. 3).
IT IS SO ORDERED.
DATED: February 11, 2026
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE
Case 3:25-cv-02168-JPG Document 6 Filed 02/11/26 Page 1 of 1 Page ID
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