Tamplin v. Muniz

Filing 31

ORDER REQUIRING Petitioner to Submit within Thirty (30) Days a Signed Statement that he Submitted the Motion for Appointment of Counsel signed by Magistrate Judge Sheila K. Oberto on 5/13/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DWIGHT TAMPLIN, JR.,

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Petitioner,

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v.
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K. BROWN,
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Respondent.
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1:12-cv—01633-AWI-SKO-HC
ORDER REQUIRING PETITIONER TO
SUBMIT WITHIN THIRTY (30) DAYS A
SIGNED STATEMENT THAT HE
SUBMITTED THE MOTION FOR
APPOINTMENT OF COUNSEL (Doc. 30)

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Petitioner is a state prisoner proceeding pro se and in

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forma pauperis with a petition for writ of habeas corpus pursuant

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to 28 U.S.C. § 2254.

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Magistrate Judge pursuant to 28 U.S.C.§ 636(b)(1) and Local Rules

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302 and 303.

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appointment of counsel, which was filed on May 8, 2013.

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The matter has been referred to the

Pending before the Court is Petitioner’s motion for

Fed. R. Civ. P. 11(a) requires that every pleading, written

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motion, and other paper filed in an action shall be signed by the

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attorney of record or by the party if not represented by an

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attorney.

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the signature is corrected promptly after being called to the

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attention of the attorney or party.

An unsigned paper shall be stricken unless omission of

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Further, Local Rule 131(b)

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provides that all pleadings and non-evidentiary documents shall

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be signed by the individual attorney for the party presenting

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them or by the party involved if that party is appearing in

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propria persona.

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shall be typed or printed underneath the signature.

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The name of the person signing the document

Here, Petitioner’s motion for the appointment of counsel was

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not signed by Petitioner.

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document, in the interest of the efficient administration of

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justice, the Court hereby notifies Petitioner of the defect.

Although the Court could strike the

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Petitioner will be given leave to file a document that 1) states

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that Petitioner submitted the aforementioned motion for

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appointment of counsel to the Court, and 2) is signed by

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Petitioner.

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Petitioner is INFORMED that a failure to comply with this

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order will result in the striking of Petitioner’s motion for the

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appointment of counsel from the docket.

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Accordingly, it is ORDERED that Petitioner shall SUBMIT no

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later than thirty (30) days after the date of service of this

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order a document 1) that states that Petitioner submitted the

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motion for appointment of counsel to the Court, and 2) that is

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signed by Petitioner.

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IT IS SO ORDERED.

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Dated:
ie14hj

May 13, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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