Walton v. Kernan

Filing 10

ORDER signed by Magistrate Judge Kendall J. Newman on 4/21/2017 ORDERING the Clerk to send petitioner a copy of page 6 of the petition without the CM/ECF banner at the top (ECF No. 9 at 6) ; and within 21 days, petitioner shall file a signed and dated page 6 of his petition, or he shall re-file his petition bearing a date and signature.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSHUA WALTON,

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No. 2:17-cv-0133 KJN P

Petitioner,
v.

ORDER

S. KERNAN,
Respondent.

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Petitioner consented to proceed before the undersigned for all purposes. See 28 U.S.C.

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§ 636(c). On April 10, 2017, petitioner, a state prisoner proceeding pro se, filed a petition for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. However, the petition is not signed or dated

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by petitioner. Rule 11 of the Federal Rules of Civil Procedure requires that all pleadings be

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signed by litigants proceeding pro se. Accordingly, petitioner is required to submit a signature

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page that is signed and dated for interlineation within his April 10, 2017 petition, or petitioner

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may re-file his petition bearing his signature and the date signed. Petitioner is cautioned that

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failure to comply with this order will result in an order dismissing this action based on his

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violation of Rule 11. Fed. R. Civ. P. 11(a).

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

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1. The Clerk of the Court shall send petitioner a copy of page 6 of the petition without the

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CM/ECF banner at the top (ECF No. 9 at 6); and
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2. Within twenty-one days from the date of this order, petitioner shall file a signed and

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dated page 6 of his petition, or he shall re-file his petition bearing a date and signature.

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Dated: April 21, 2017

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/cw/walt0133.r11

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