Maki v. LeGrand et al

Filing 20

ORDER - Within 30 days of entry of this order, petitioner shall mail to the Clerk for filing signed motions corresponding to the presently pending 17 & 18 . If he fails to do so timely, the motions will be stricken. The Clerk of Court shall SEND petitioner two copies of the current filings at 17 & 18 (mailed 6/25/2013). Signed by Judge Larry R. Hicks on 06/24/2013. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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CHARLES JOSEPH MAKI,

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Petitioner,

3:12-cv-00201-LRH-VPC

vs.
ORDER

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ROBERT LEGRAND, et al.,
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Respondents.
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This closed habeas matter under 28 U.S.C. § 2254 comes before the Court on petitioner’s

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motion (#17) to reconsider the order and judgment of dismissal and motion (#18) to reconsider the

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denial of a certificate of appealability.

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The motions were not signed by petitioner. Under Rule 11(a) of the Federal Rules of Civil

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Procedure, every motion filed by an unrepresented party must be signed by the party.

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a certificate of service – which certifies only that a paper has been mailed -- is not the same as signing

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the motion itself. Nor did petitioner sign the certificate, as he instead merely printed his name.

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Pursuant to Rule 11(a), the Court will provide petitioner an opportunity to correct the omission by filing

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signed motions. If petitioner fails to do so timely, the motions will be stricken pursuant to the rule.

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Execution of

The Court expresses no opinion as to any possible direct or indirect effect of the absence of

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signature and/or any later striking of the motions upon any applicable deadlines for seeking relief.

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//

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//

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IT THEREFORE IS ORDERED that, within thirty (30) days of entry of this order, petitioner

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shall mail to the Clerk for filing signed motions corresponding to the presently pending ## 17 & 18.

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If he fails to do so timely, the motions will be stricken.

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The Clerk of Court shall SEND petitioner two copies of the current filings at ## 17 & 18.

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DATED this 24th day of June, 2013.

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_________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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