Isayev v. Knipp

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 10/30/12 ORDERING that the petition is dismissed with 30 days to file a petition signed by petitioner himself; failure to file a petition signed by petitioner within 30 days will result in dismissal of this action. (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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MAKSIM YURYEVICH ISAYEV,

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Petitioner,

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vs.

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No. 2: 12-cv-2551 KJN P

WILLIAM KNIPP,

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Respondent.

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/

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ORDER

Petitioner is a state prisoner proceeding without counsel. A petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2254 has been filed on his behalf.

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Petitioner did not sign the petition. Instead, the petition is signed by Varvara

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Isayev and David Dearinger, neither of whom are attorneys. Federal Rule of Civil Procedure 11

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requires that all pleadings be signed either by an attorney of record or by a party personally if the

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party is unrepresented. As non-attorneys, Varvara Isayev and David Dearinger are not entitled to

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represent petitioner in this action. Accordingly, the petition is dismissed with leave to file an

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amended petition signed by petitioner. Petitioner may also file a motion for appointment of

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counsel.

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Accordingly, IT IS HEREBY ORDERED that the petition is dismissed with thirty

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days to file a petition signed by petitioner himself; failure to file a petition signed by petitioner

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within thirty days will result in dismissal of this action.

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DATED: October 30, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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is2551.ord

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