Satterfield v. Hardtly

Filing 6

ORDER REQUIRING Petitioner to Submit Signed Declaration Re 1 Petition for Writ of Habeas Corpus Within Twenty Days signed by Magistrate Judge Gary S. Austin on 7/2/2009. Signed Declaration Due By 7/27/2009. (Sant Agata, S)

1 2 3 4 5 6 7 8 9 10 11 12 LEWIS J. SATTERFIELD, 13 Petitioner, 14 15 16 J. HARDTLY, Warden, 17 Respondent. 18 19 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 20 pursuant to 28 U.S.C. § 2254. 21 Upon a close examination of the petition submitted to the Court, the Court has discovered 22 that the petition does not contain an original signature. Local Rule 7-131 requires a document 23 submitted to the Court for filing to include an original signature. In addition, Rule 2 of the Rules 24 Governing Section 2254 Cases requires a petition for writ of habeas corpus to "be signed under 25 penalty of perjury by the petitioner." 26 In light of the difficulty in having Petitioner submit a new habeas corpus petition, Petitioner 27 is ORDERED to submit a document stating that he submitted the instant petition to the Court and 28 v. ) ) ) ) ) ) ) ) ) ) ) ) 1:09-cv-00117-BAK-GSA HC ORDER REQUIRING PETITIONER TO SUBMIT SIGNED DECLARATION WITHIN TWENTY DAYS

U N IT E D STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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sign that document under penalty of perjury. The document should contain an original signature. Petitioner is GRANTED twenty (20) days from the date of service of this order to comply with the Court's directive. Petitioner is forewarned that failure to comply with a Court order will result in dismissal of the petition pursuant to Local Rule 11-110.

IT IS SO ORDERED. Dated: 6i0kij

July 2, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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