Hughes v. Skolnik et al

Filing 3

ORDER that petitioner shall file an appropriate verification of the petition within 30 days of entry of this order. Signed by Judge Kent J. Dawson on 6/27/11. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PHILIP HUGHES,
Petitioner,

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2:10-cv-00805-KJD-LRL

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vs.

ORDER

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HOWARD SKOLNIK, et al.,

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Respondents.

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This represented habeas matter comes before the Court for initial review under Rule

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4 of the Rules Governing Proceedings under Section 2254 (the “Habeas Rules”). Under 28

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U.S.C. § 2242 and Habeas Rule 2(c)(5), a habeas petition must be signed and verified under

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penalty of perjury by the petitioner or by a person authorized to sign for the petitioner. See

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also Advisory Committee Notes to 2004 Amendments (such as, “for example, an attorney for

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the petitioner”). Counsel electronically signed the petition, but the petition is not verified by

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a signature made either by or for the petitioner under penalty of perjury. Cf. District of Nevada

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Noncapital Section 2254 Form, at 9; No. 2:08-cv-1825-GNM-GWF, #19.

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IT THEREFORE IS ORDERED that, within thirty (30) days of entry of this order,
petitioner shall file an appropriate verification of the petition.
DATED: June 27, 2011

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KENT J. DAWSON
United States District Judge