Henson v. Griem

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/16/16 ORDERING that the Clerk of the Court shall strike the petition (ECF No. 1 ) from the docket. Within 30 days, petitioner shall file a signed petition using the form employed by this court and stating all claims and prayers for relief. The Clerk is directed to send petitioner the court's form for application for writ of habeas corpus.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN HENSON,

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Petitioner,

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No. 2:16-cv-1908-EFB P

v.

ORDER

DARREN GRIEM,

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Respondent.

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Petitioner proceeds without counsel and seeks a writ of habeas corpus pursuant to 28

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U.S.C. § 2254. He has paid the filing fee. However, the court cannot the required review of the

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petition because petitioner has not signed it. See ECF No. 1 at 19-20. Rule 11 of the Federal

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Rules of Civil Procedure requires that “[e]very pleading, written motion, and other paper . . . be

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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.” Fed. R. Civ. P. 11(a). Because petitioner is not represented by counsel

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and did not sign the petition himself, it will be disregarded.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court shall strike the petition (ECF No. 1) from the docket.

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2. Within thirty days, petitioner shall file a signed petition using the form employed by
this court and stating all claims and prayers for relief.

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3. Petitioner is cautioned that failure to file a signed petition pursuant to this order may
result in the dismissal of this action.
4. The Clerk is directed to send petitioner the court’s form for application for writ of
habeas corpus.
DATED: August 16, 2016.

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