Muhammad v. Hartley

Filing 5

ORDER REQUIRING Petitioner to Submit Signed Declaration signed by Magistrate Judge Michael J. Seng on 6/25/2010. Petitioner to submit declaration by 7/21/2010. (Vasquez, J)

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UNITED STATES DISTRICT COURT

ABDUL MALIK MUHAMMAD, Petitioner, v. JAMES D. HARTLEY, Warden, Respondent.

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1:10-cv-00094 MJS HC ORDER REQUIRING PETITIONER TO SUBMIT SIGNED DECLARATION

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Upon examination of the petition, the Court has discovered that the petition does not contain an original signature. Local Rule 131 requires a document submitted to the Court for filing to include an original signature. In addition, Rule 2(c)(5) of the Rules Governing Section 2254 Cases requires a petition for writ of habeas corpus to "be signed under penalty of perjury by the petitioner." In light of the difficulty in having Petitioner submit a new habeas corpus petition, Petitioner is ordered to submit a document stating that he submitted the instant petition to the Court and sign that document under penalty of perjury. -1The document must contain an

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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 may result in dismissal of the petition pursuant to Local Rule 110.

IT IS SO ORDERED. Dated: ci4d6 June 25, 2010 /s/ UNITED STATES MAGISTRATE JUDGE

Michael J. Seng

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