Dudley #112183 v. Ryan et al

Filing 6

ORDER, within 30 days, Petitioner must file a completed and signed Certificate, using the Certificate form provided with this Order, certifying that Petitioner's signature on the Certificate shall serve as an original signature on the Petition; if Petitioner fails to comply with this order, the Clerk must strike Petitioner's Petition and enter a judgment of dismissal of this action without prejudice and without further notice to Petitioner. Signed by Senior Judge Stephen M McNamee on 4/27/15. (Attachments: # 1 Certificate Form) (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Damian Dudley,

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Petitioner,

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No. CV 15-0471-PHX-SMM (JZB)

v.

ORDER

Charles L. Ryan, et al.,

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Respondents.

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Petitioner Damian Dudley, who is confined in the Arizona State Prison Complex-

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Lewis, has filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254

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and paid the $5.00 filing fee. The Court will require Petitioner to file a certification.

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I.

Petition is Not Signed

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Petitioner did not sign his § 2254 Petition. The Petition must be signed by

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Petitioner under penalty of perjury. See 28 U.S.C. § 2242; Rule 2(c)(5) of the Rules

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Governing Section 2254 Cases; Fed. R. Civ. P. 11(a); LRCiv 3.5(a). An unsigned

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pleading must be stricken unless omission of the signature is corrected promptly after

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being called to the attention of the party. Fed. R. Civ. P. 11(a).

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the filing date of this Order to submit a completed and signed Certificate, using the

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Certificate form included with this Order, certifying that Petitioner’s signature on the

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Certificate shall serve as an original signature, under penalty of perjury, on his § 2254

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JDDL

Because the Petition has not been signed, Petitioner will be granted 30 days from

Petition for the purposes of 28 U.S.C. § 2242, Rule 2(c)(5) of the Rules Governing

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Section 2254 Cases, Rule 3.5(a) of the Local Rules of Civil Procedure, and Rule 11 of the

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Federal Rules of Civil Procedure. If Petitioner fails to submit a completed and signed

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Certificate, the Court will strike the Petition and dismiss this action without prejudice.

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II.

Warnings

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A.

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Petitioner must file and serve a notice of a change of address in accordance with

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Rule 83.3(d) of the Local Rules of Civil Procedure. Petitioner must not include a motion

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for other relief with a notice of change of address. Failure to comply may result in

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dismissal of this action.

Address Changes

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B.

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Because Petitioner is currently confined in an Arizona Department of Corrections

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unit subject to General Order 14-17, Petitioner is not required to submit an additional

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copy of every filing for use by the Court, as would ordinarily be required by Local Rule

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of Civil Procedure 5.4. If Petitioner is transferred to a unit other than one subject to

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General Order 14-17, he will be notified of the requirements regarding copies for the

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Court that are required for inmates whose cases are not subject to General Order 14-17.

Copies

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C.

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If Petitioner fails to timely comply with every provision of this Order, including

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these warnings, the Court may dismiss this action without further notice. See Ferdik v.

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Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action

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for failure to comply with any order of the Court).

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IT IS ORDERED:

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(1)

Possible Dismissal

Within 30 days of the date this Order is filed, Petitioner must file a

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certifying that Petitioner’s signature on the Certificate shall serve as an original signature

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on the Petition for the purposes of 28 U.S.C. § 2242, Rule 2(c)(5) of the Rules Governing

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Section 2254 Cases, Rule 3.5(a) of the Local Rules of Civil Procedure, and Rule 11 of the

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JDDL

completed and signed Certificate, using the Certificate form provided with this Order,

Federal Rules of Civil Procedure.

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(2)

If Petitioner fails to file, within 30 days, a completed and signed Certificate

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on the form provided with this Order, the Clerk of Court must strike Petitioner’s Petition

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and enter a judgment of dismissal of this action without prejudice and without further

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notice to Petitioner.

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(3)

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Dated this 27th day of April, 2015.

The Clerk of Court must mail Petitioner a Certificate form.

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Honorable Stephen M. McNamee
Senior United States District Judge

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JDDL

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