Rowe v. Copenhaver

Filing 7

ORDER REQUIRING Petitioner to SUBMIT Signed Declaration signed by Magistrate Judge Gary S. Austin on 3/7/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OMAR ROWE,

1:13-CV-00219 GSA HC

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Petitioner,
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ORDER REQUIRING PETITIONER TO
SUBMIT SIGNED DECLARATION

v.
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PAUL COPENHAVER,
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Respondent.
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/

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Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus
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pursuant to 28 U.S.C. § 2241. He has consented to the jurisdiction of the magistrate judge pursuant
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to 28 U.S.C. § 636(c).
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Upon a close examination of the petition submitted to the Court, the Court has discovered
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that the petition does not contain an original signature. Local Rule 131 requires a document
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submitted to the Court for filing to include an original signature. In addition, Rule 2 of the Rules
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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.”
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In light of the difficulty in having Petitioner submit a new habeas corpus petition, Petitioner
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is ORDERED to submit a document stating that he submitted the instant petition to the Court and
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U .S. D istrict C ourt
E. D . C alifornia

cd

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sign it under penalty of perjury. The document should contain an original signature. Petitioner is

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GRANTED twenty (20) days from the date of service of this order to comply with the Court’s

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directive.

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Petitioner is forewarned that failure to comply with a Court order will result in dismissal of
the petition pursuant to Local Rule 110.

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IT IS SO ORDERED.

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Dated:
6i0kij

March 7, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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U .S. D istrict C ourt
E. D . C alifornia

cd

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