Johnson v. On Habeas Corpus

Filing 40

ORDER requiring Petitioner to submit signed Declaration signed by Magistrate Judge Michael J. Seng on 5/2/2016. ( Filing Deadline: 5/26/2016.) (Lundstrom, T)

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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. 1:16-cv-00600 MJS (HC)
CARLOS G. SANCHEZ,

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ORDER REQUIRING PETITIONER TO
Petitioner, SUBMIT SIGNED DECLARATION

v.

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S. FRAUENHEIM,
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.
Upon examination of the petition, the Court has discovered that the petition does
not contain an original signature. Local Rule 131 requires a document submitted to the
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,
Petitioner is ordered to submit a document stating that he submitted the instant petition

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to the Court and sign it under penalty of perjury. The document must contain an original

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signature. Petitioner is granted twenty (20) days from the date of service of this order to

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comply with the Court’s 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.
Dated:

May 2, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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