Smith v. Miller

Filing 5

ORDER Requiring Petitioner to Submit Signed Declaration, signed by Magistrate Judge Jennifer L. Thurston on 05/21/2012. (20 - Day Deadline) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAMITRA SMITH,

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Petitioner,
v.
WALTER MILLER, Warden,
Respondent.

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) Case No.: 1:12-cv-00790-JLT
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) ORDER REQUIRING PETITIONER TO SUBMIT
) SIGNED DECLARATION
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Petitioner is a state prisoner proceeding in propria persona with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
Petitioner filed the instant petition on May 14, 2012. (Doc. 1). Upon a close examination of

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the petition, the Court has discovered that the petition does not contain an original signature or date on

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that portion of the form provided for the author’s signature and date. Local Rule 131 requires a

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document submitted to the Court for filing to include an original signature. In addition, Rule 2 of the

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Rules Governing Section 2254 Cases requires a petition for writ of habeas corpus to “be signed under

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penalty of perjury by the petitioner.” Neither of these requirements has been complied with.

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However, in light of the difficulty in having Petitioner submit a new habeas corpus petition,

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Petitioner will be ordered to submit a document, in the form of a declaration, stating that she submitted

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the instant petition to the Court and sign it under penalty of perjury. The document should contain an

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original signature and date. Petitioner is GRANTED twenty (20) days from the date of service of this

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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

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petition pursuant to Local Rule 110.

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IT IS SO ORDERED.

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Dated:

May 21, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

9j7khijed

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