Robson v. Biter

Filing 15

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/3/12 ORDERING that 14 is STRICKEN and the Clerk shall make a notation to that effect on the docket.(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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JUSTIN ROBSON,
Petitioner,

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vs.

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No. 2:12-cv-0384 LKK EFB P

MARTIN BITER,

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Respondent.
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ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to
28 U.S.C. § 2254.
On June 7, 2012, petitioner’s mother filed a document in regards to her son’s habeas

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proceeding. See Dckt. No. 14. However, petitioner’s mother, who does not state that she is an

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attorney, has no authority to represent others in court, even her son. See Johns v. County of San

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Diego, 114 F.3d 874, 876 (9th Cir.1997); Church of the New Testament v. United States, 783

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F.2d 771, 773-74 (9th Cir. 1986). While petitioner may submit papers prepared by someone

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other than himself, he must sign those papers or otherwise acknowledge that he wants them filed

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on his behalf. See Fed. R. Civ. P. 11(a) (“Every pleading, written motion, and other paper must

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be signed by at least one attorney of record in the attorney’s name--or by a party personally if the

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party is unrepresented.”).
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Here, petitioner has not signed the document filed by his mother. Accordingly, the court
will strike from the docket the above-referenced filings.
Accordingly, it is ORDERED that Docket Number 14 is stricken and the Clerk shall

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make a notation to that effect on the docket.

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Dated: July 3, 2012.

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