Washington v. Pfeiffer

Filing 28

ORDER Requiring Petitioner to Submit Signed Declaration Within Twenty (20) Days signed by Magistrate Judge Sheila K. Oberto on 5/28/2019. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRIS LAVALE WASHINGTON,

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Petitioner,

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No. 1:18-cv-00368-DAD-SKO (HC)
ORDER REQUIRING PETITITONER TO
SUBMIT SIGNED DECLARATION

v.
[TWENTY-DAY DEADLINE]
C. PFEIFFER, Warden,

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Respondent.

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On March 11, 2019, Petitioner filed a First Amended Petition in this action. Upon

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examination of the petition, the Court discovered that the petition was not signed under penalty of

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perjury. On March 15, 2019, the Court dismissed the First Amended Petition and directed

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Petitioner to file a Second Amended Petition curing this deficiency. Petitioner was granted thirty

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(30) days to do so, but he failed to comply or respond to the Court’s order in any manner.

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Therefore, on April 29, 2019, the Court issued Findings and Recommendations to dismiss the

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action.

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On May 24, 2019, Petitioner filed objections to the Findings and Recommendations.

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Petitioner states he seeks to comply with the Court’s order, but he does not have a copy of the

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First Amended Petition that he filed and therefore is unable to rewrite or resubmit it and sign it

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under penalty of perjury. Petitioner will be granted one final opportunity to comply with the

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Court’s order. Failure to do so will result in submission of the Findings and Recommendation to
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the District Judge for dismissal of the action.

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Local Rule 131 requires a document submitted to the Court for filing to include an

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original signature. In addition, Rule 2 of the Rules Governing Section 2254 Cases requires a

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petition for writ of habeas corpus to “be signed under penalty of perjury by the petitioner.”

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ORDER

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Accordingly, Petitioner is ORDERED to submit a document stating that he submitted the

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First Amended Petition and sign it under penalty of perjury. The document should contain an

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original signature. 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.

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Failure to comply with this Order will result in dismissal of the action.

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IT IS SO ORDERED.
Dated:

May 28, 2019

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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