Brown v. Hartley

Filing 5

ORDER Directing Petitioner To Submit Signature Under Penalty Of Perjury, signed by Magistrate Judge Dennis L. Beck on 6/4/2010. (Signed Document due by 6/28/2010)(Scrivner, E)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 J. HARTLEY, 13 Respondent. 14 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. 17 Petitioner filed the instant petition for writ of habeas corpus on April 14, 2010. 18 Upon review of Petitioner's petition, the Court discovered that the Petition does not contain an 19 original signature under penalty of perjury. Local Rule 7-131 requires a document submitted to 20 the Court for filing to include an original signature. In addition, Rule 2 of the Rules Governing 21 Section 2254 Cases requires a petition for writ of habeas corpus to "be signed under penalty of 22 perjury by the petitioner." Rule 2(c), Rules Governing Section 2254 Cases. In light of the 23 difficulty in having petitioner submit an entire new habeas corpus petition, Petitioner is 24 ORDERED to submit a document stating that he submitted the instant Petition to the Court and 25 signed it under penalty of perjury. The document should contain an original signature also made 26 under penalty of perjury. Petitioner is GRANTED twenty (20) days from the date of service of 27 this order to comply with the Court's directive. Petitioner is forewarned that failure to comply 28 1 / v. CEDRICK BROWN, Petitioner, 1:10-cv-0652 DLB HC ORDER DIRECTING PETITIONER TO SUBMIT SIGNATURE UNDER PENALTY OF PERJURY

UNITED STATES DISTRICT COURT

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with a Court order will result in a recommendation for dismissal of the petition pursuant to Local Rule 11-110.

IT IS SO ORDERED. Dated: 3b142a

June 4, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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