Hayden v. Searman

Filing 5

ORDER REQUIRING Petitioner to Submit Signed Declaration, signed by Magistrate Judge Michael J. Seng on 4/24/2014. Twenty Day Deadline. (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:14-cv-00514 MJS (HC)
EUGENE HAYDEN, SR.,

ORDER REQUIRING PETITIONER TO
Petitioner, SUBMIT SIGNED DECLARATION

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v.

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M.E. SEARMAN, Warden,
Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254.

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Upon examination of the petition, the Court has discovered that the petition does

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not contain an original signature. Local Rule 131 requires a document submitted to the

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Court for filing to include an original signature. In addition, Rule 2(c)(5) of the Rules

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

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signed under penalty of perjury by the petitioner.”

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

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Petitioner is ordered to submit a document stating that he submitted the instant petition

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to the Court and sign the statement under penalty of perjury.

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contain an original signature. Petitioner is granted twenty (20) days from the date of
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The document must

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service of this 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 petition pursuant to Local Rule 110.

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IT IS SO ORDERED.
Dated:

April 24, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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