Beatty v. Nevens et al

Filing 9

ORDER Petitioner shall have 30 days from the date on which this order is entered to return the petition including the required signatures. Signature Page due by 7/28/2013. Signed by Judge James C. Mahan on 6/28/2013. (Copies have been distributed pursuant to the NEF; CC: plaintiff with required documents - SLR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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STERLING P. BEATTY,

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Petitioner,

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vs.

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D. NEVENS, et al.,

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Respondent.

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2:13-cv-00764-JCM-PAL
ORDER

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Petitioner Sterling P. Beatty filed an application to proceed in forma pauperis and submitted a

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petition for a writ of habeas corpus. He was required to pay the filing fee, which he has done. ECF No.

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8.

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The court has reviewed the petition prior to services, as required by the Rules Governing Section

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2254 Cases (§ 2254 Rules), Rule 4. Federal statute and the § 2254 Rules specify a particular form for

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the petition and require that the petition be verified or signed under oath. 28 U.S.C. § 2242; Rule

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2(c)(5). This petition does not contain the required signature or verification by petitioner. Therefore,

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petitioner will be given an opportunity to amend the petition to provide that necessary signature and

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verification. Once a proper and complete petition is filed with the court, the petition and motions for

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counsel and for an evidentiary hearing will be entertained.

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IT IS THEREFORE ORDERED that clerk shall send to petition a copy of the petition as well

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as a blank signature and verification page for a § 2254 petition. Petitioner shall have thirty (30) days

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from the date on which this order is entered to return the petition including the required signatures. The

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clerk shall retain the original petition but not file it at this time.

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28th
Dated this _____ day of June, 2013.

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__________________________________
UNITED STATES DISTRICT JUDGE

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