John Bell v. Fred Figueroa

Filing 4

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY PETITION SHOULD NOT BE DISMISSED DUE TO PETITIONERS FAILURE TO VERIFY PETITION by Magistrate Judge Jacqueline Chooljian. Petitioner is ordered by not later than March 26, 2015 to show cause why the Petition shoul d not be dismissed due to petitioner's failure to verify the Petition. Petitioner's filing of a signed/verified version of the Petition by such date will be a sufficient response to this Order to Show Cause. See Order for details. (Attachments: # 1 Petition) (dml)

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

EDCV 15-383 FMO(JC)

Title

John Bell v. Fred Figueroa

Present: The Honorable

Date

March 5, 2015

Jacqueline Chooljian, United States Magistrate Judge

Hana Rashad

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Petitioner:

Attorneys Present for Respondent:

none present

none present

Proceedings:

(IN CHAMBERS)
ORDER TO SHOW CAUSE WHY PETITION SHOULD NOT BE
DISMISSED DUE TO PETITIONER’S FAILURE TO VERIFY
PETITION

On March 3, 2015, petitioner John Bell (“petitioner”), a prisoner in state custody and proceeding
pro se, filed a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) in this
action. Petitioner failed to sign the Petition verifying under penalty of perjury that the contents of the
Petition are true and correct.
Rule 2(c)(5) of the Rules Governing Section 2254 Cases in the United States District Courts
requires that a habeas petition be signed under penalty of perjury by the petitioner or by a person
authorized to sign it for the petitioner under 28 U.S.C. § 2242. A district court may dismiss an unsigned
and unverified petition for writ of habeas corpus. See Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir.
1990).
In light of the foregoing, petitioner is ordered by not later than March 26, 2015 to show cause
why the Petition should not be dismissed due to petitioner’s failure to verify the Petition. Petitioner’s
filing of a signed/verified version of the Petition by such date will be a sufficient response to this Order
to Show Cause. The Clerk is directed to provide petitioner with a copy of the Petition for petitioner’s
use in the event he elects to respond to this Order to Show Cause by signing such copy, verifying that the
contents thereof are true and correct under penalty of perjury, and returning it to the Court by the
foregoing deadline.
Petitioner is cautioned that the failure timely to respond to this Order to Show Cause may
result in the dismissal of the Petition based upon the above-referenced deficiency and/or the
dismissal of this action based on petitioner’s violation of this Order to Show Cause and/or
petitioner’s failure to prosecute.
IT IS SO ORDERED.
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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