Daniel D. Hinton v. W. L. Muniz

Filing 11

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL by Magistrate Judge John D. Early. Petitioner is ORDERED TO SHOW CAUSE show why the Petition shouldnot be dismissed because it is unverified. If Petitioner seeks to pursue this action, by no later than June 5, 2017, he shall file a signed and verified First Amended Petition. (Attachments: # 1 Petition form) (ig)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 17-00173-GW (JDE)

Title

Daniel D. Hinton v. W.L. Muniz

Present: The Honorable

Date

May 5, 2017

John D. Early

Ivette Gomez

n/a

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Petitioner:

Attorneys Present for Respondent:

n/a

n/a

Proceedings: (In Chambers)

Order to Show Cause Re: Dismissal

On January 9, 2017, Petitioner David D. Hinton (“Petitioner”), proceeding pro se, filed a
Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”). Dkt. 1. On March 2,
2017, Respondent moved to dismiss arguing, inter alia, that the Petition is unverified. Dkt. 9
(“Motion to Dismiss”). Per the Court’s January 11, 2017 Order Requiring Response to Petition for
Writ of Habeas Corpus (Dkt.4), Petitioner’s opposition to the Motion to Dismiss was due within 30
days of the filing of the Motion to Dismiss, that is, by April 3, 2017. As of the date of this Order,
Petitioner has not filed an opposition to the Motion to Dismiss, or filed a signed, amended habeas
petition
Pursuant to 28 U.S.C. § 2242, an “[a]pplication for a writ of habeas corpus shall be in
writing signed and verified by the person for whose relief it is intended or by someone acting in his
behalf.” In addition, Rule 2(c)(5) of the Rules Governing Section 2254 Cases in the United States
District Courts requires that the petition be “signed under penalty of perjury by the petitioner or by
a person authorized to sign it for the petitioner.” In the absence of such verification “[t]he district
court may refuse to file, or may dismiss, an unsigned and unverified petition.” Hendricks v.
Vasquez, 908 F.2d 490, 491 (9th Cir. 1990). Upon review of the Petition, the Court concurs with
Respondent and finds that the instant Petition lacks the necessary verification. See Dkt. 1 at 8.

Therefore, Petitioner is ORDERED TO SHOW CAUSE show why the Petition should
not be dismissed because it is unverified. If Petitioner seeks to pursue this action, by no later
than June 5, 2017, he shall file a signed and verified First Amended Petition. The clerk is
directed to provide Petitioner with a blank Petition for Writ of Habeas Corpus by a Person in
State Custody form that Petitioner is encouraged to use when, and if, he files an amended
petition.

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 17-00173-GW (JDE)

Date

Title

May 5, 2017

Daniel D. Hinton v. W.L. Muniz

The Court warns Petitioner that failure to timely comply with this Order may result in the
Court dismissing this action.

:
Initials of Courtroom Deputy

CV-90 (10/08)

CIVIL MINUTES - GENERAL

ig

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