Liggins v. McDonald

Filing 6

ORDER signed by Magistrate Judge Dale A. Drozd on 10/18/11 ORDERING that the Clerk of the Court is directed to send petitioner a copy of his originalpetition for writ of habeas corpus 1 ; Within 30 days from the date of service of this order, petiti oner shall complete the attached Notice of Submission of Documents and submit it to the court, together with his signed petition. Petitioner is advised that failure to comply with this order or seek an extension of time to do so will result in a recommendation that this action be dismissed without prejudice. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAURYCE ANTHONY LIGGINS,
Petitioner,

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vs.
MIKE D. McDONALD,
Respondent.

ORDER
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No. CIV S-11-2336 DAD P

Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. In accordance with the court’s September 9, 2011 order,

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petitioner has filed an application to proceed in forma pauperis.

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Examination of the in forma pauperis application reveals that petitioner is unable

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to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be

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granted. See 28 U.S.C. § 1915(a).

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Under Rule 2 of the Rules Governing Section 2254 Cases, a petition for writ of

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habeas corpus must “be signed under penalty of perjury by the petitioner or by a person

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authorized to sign it for the petitioner . . . .” Petitioner has not signed his petition. In the interest

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of justice, the court will direct the Clerk of the Court to send petitioner a copy of his petition to

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sign and return within thirty days of the date of service of this order.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to send petitioner a copy of his original

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petition for writ of habeas corpus (Doc. No. 1);
2. Within thirty days from the date of service of this order, petitioner shall

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complete the attached Notice of Submission of Documents and submit it to the court, together

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with his signed petition. Petitioner is advised that failure to comply with this order or seek an

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extension of time to do so will result in a recommendation that this action be dismissed without

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prejudice.

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DATED: October 18, 2011.

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DAD:9
ligg2336.sign

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAURYCE ANTHONY LIGGINS,

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Petitioner,

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vs.

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No. CIV S-11-2336 DAD P

MIKE D. McDONALD,

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Respondent.

NOTICE OF SUBMISSION

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Petitioner hereby submits the following document in compliance with the court’s order filed

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OF DOCUMENTS

a signed petition for writ of habeas corpus
DATED:

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Petitioner

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: