Williams v. Hobbs

Filing 3

ORDER re 1 Petition for Writ of Habeas Corpus filed by Mark Antonio Williams. The petitioner has not signed the petition. Thus, the Clerk is directed to return the petition to petitioner so that he may sign and return it. Signed by Magistrate Judge Jerome T. Kearney on 6/26/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

MARK ANTONIO WILLIAMS
ADC #141529
v.

PETITIONER

CASE NO. 5:13CV00176 SWW-JTK

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
On June 1, 2013, Petitioner filed a habeas petition pursuant to 28 U.S.C. § 2254. Both
federal law and § 2254’s procedural rules require that a petition be signed under penalty of perjury
by a petitioner, or at a minimum, someone acting in his behalf. 28 U.S.C. § 2242; Rule 2(c) of the
Habeas Rules. In the event the petitioner fails to comply with this requirement, a court may dismiss
the petition. See Hendricks v. Vasquez, 908 F.2d 490, 941 (9th Cir. 1990) (a court may dismiss an
unsigned and unverified petition).
The petition Petitioner mailed is not signed by him under penalty of perjury or, for that
matter, even signed (or dated) at all. Thus, the Clerk is directed to return the petition to Petitioner
so that he may sign and date it.
IT IS ORDERED this 26th day of June, 2013.

____________________________________
UNITED STATES MAGISTRATE JUDGE