Davis v. Martel

Filing 9

ORDER signed by Magistrate Judge Dennis L. Beck on 7/29/2010 directing Petitioner to submit signature under penalty of perjury re 1 Petition. (Filing Deadline: 8/23/2010).(Lundstrom, T)

(HC) Davis v. Martel

Doc. 9

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 M. MARTEL, Warden 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 July 13, 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 131, subdivision (b) requires a document 20 submitted to the Court for filing to include an original signature. In addition, Rule 2 of the Rules 21 Governing Section 2254 Cases requires a petition for writ of habeas corpus to "be signed under 22 penalty of perjury by the petitioner." Rule 2(c), Rules Governing Section 2254 Cases. In light of 23 the 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 /// 28 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT

DANIEL ANDREW DAVIS, Petitioner, v.

1:10-cv-01304-DLB (HC) ORDER DIRECTING PETITIONER TO SUBMIT SIGNATURE UNDER PENALTY OF PERJURY

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this order to comply with the Court's directive. Petitioner is forewarned that failure to comply with a Court order will result in a recommendation for dismissal of the petition pursuant to Local Rule 110.

IT IS SO ORDERED. Dated: ah0l4d

July 29, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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