Barksdale v. Ponce

Filing 8

ORDER signed by Magistrate Judge Dale A. Drozd on 6/30/2015 DISMISSING petitioner's application for writ of habeas corpus; within 30 days, petitioner shall file an amended petition that is signed and states all claims and prayers for relief; and the Clerk shall send petitioner the for for filing an application for writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES BARKSDALE,

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No. 2:15-cv-0964 DAD P

Petitioner,

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v.

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PONCE, Warden,

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ORDER

Respondent.

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Petitioner, a federal prisoner proceeding pro se, has filed an application for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has paid the filing fee.
Upon review of petitioner’s application for a writ of habeas corpus, the court observes that

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petitioner has not signed his petition. “Application[s] for a writ of habeas corpus shall be in

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writing signed and verified by the person for whose relief it is intended or by someone acting in

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his behalf.” 28 U.S.C. § 2242. See also Rules 1(b) & 2(c)(5) of the Rules Governing Section

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2254 Cases; E.D. Cal. Local Rule 190. By this order, the court will grant petitioner an

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opportunity to file a signed amended petition.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Petitioner’s application for a writ of habeas corpus (Doc. No. 1) is dismissed;

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2. Within thirty days of the date of service of this order petitioner shall file an amended

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petition that is signed and states all claims and prayers for relief on the form employed by this
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court. It must bear the case number assigned to this action and include the title “Amended

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Petition.” Failure to file an amended petition will result in dismissal of this action; and

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3. The Clerk of the Court is directed to send petitioner the court’s form for filing an

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application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.

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Dated: June 30, 2015

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DAD:9
bark0964.amd

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