Beknazarov v. Unknown

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 10/31/2017 DISMISSING 1 Petition with 30 days to file an amended petition signed by petitioner himself. Petitioner to file an application to proceed IFP within 30 days as well. (Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ANATOLIY BEKNAZAROV,

12
13
14

No. 2: 17-cv-2164 KJN P

Petitioner,
v.

ORDER

UNKNOWN,

15

Respondent.

16
17

On October 18, 2017, petitioner filed the instant petition pursuant to 28 U.S.C. § 2241

18

challenging a final order of removal. The petition is not signed by petitioner. Rather, the petition

19

is signed by petitioner’s wife.

20

Federal Rule of Civil Procedure 11 requires that every pleading must be signed by a party

21

personally if the party is unrepresented. Petitioner’s wife is not a lawyer. Therefore, the petition

22

does not comply with Rule 11 because it is not signed by petitioner, himself. In addition,

23

petitioner did not file an application to proceed in forma pauperis or pay the filing fee ($5.00).

24

See 28 U.S.C. §§ 1914(a); 1915(a).

25

Accordingly, IT IS HEREBY ORDERED that:

26

1. The petition is dismissed with thirty days to file an amended petition signed by

27

petitioner, himself; within that time, petitioner shall also file an application to proceed in forma

28

pauperis;
1

1

2. Failure to file a signed amended petition and application to proceed in forma pauperis

2

within that time will result in dismissal of this action.

3

Dated: October 31, 2017

4
5
6
Bek2164.ord
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2