Fisher (Barger) v. Sacramento County Superior Court

Filing 9

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/6/2017 ORDERING the Clerk to STRIKE the 1 petition from the docket. Within 30 days, petitioner shall fille a signed petition using the form employed by the court and stating all claims and pr ayers for relief. Petitioner is cautioned that failure to file a signed petition pursuant to this order may result in the dismissal of this action. The Clerk shall send petitioner the court's form for application for writ of habeas corpus. (Yin, K)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SONNY BARGER, II, 12 13 14 15 No. 2:17-cv-0693-EFB P Petitioner, v. ORDER SACRAMENTO COUNTY SUPERIOR COURTS, Respondent. 16 17 Petitioner proceeds without counsel and seeks a writ of habeas corpus pursuant to 28 18 U.S.C. § 2254.1 The court, however, cannot conduct the required review of the petition because 19 petitioner has not signed it. See ECF No. 1. Rule 11 of the Federal Rules of Civil Procedure 20 requires that “[e]very pleading, written motion, and other paper . . . be signed by at least one 21 attorney of record in the attorney’s name—or by a party personally if the party is unrepresented.” 22 Fed. R. Civ. P. 11(a). Because petitioner is not represented by counsel and did not sign the 23 petition himself, it will be disregarded. 24 To commence a civil action, a party must file a complaint or a petition. Fed. R. Civ. P. 3; 25 Rule 3, Rules Governing § 2254 Cases; Woodford v. Garceau, 538 U.S. 202, 203 (2003). Until 26 petitioner files a signed petition, there is simply no case before the court. 27 28 1 He also seeks leave to proceed in forma pauperis. ECF No. 3. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Clerk of the Court shall strike the petition (ECF No. 1) from the docket. 3 2. Within thirty days, petitioner shall file a signed petition using the form employed by 4 5 6 7 8 9 this court and stating all claims and prayers for relief. 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: April 6, 2017. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?