Henson v. Griem

Filing 6

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/18/16 ORDERING that the Clerk of the Court shall strike the amended petition (ECF No. 5 ) 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. Petitioner is cautioned that failure to file a signed petition pursuant to this order may result in the dismissal of this action. (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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amended petition because petitioner has not signed it. See ECF No. 5 at 20. Rule 11 of the

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

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

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

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counsel 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 amended petition (ECF No. 5) 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.
DATED: August 18, 2016.

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