Gause v. Cooper

Filing 7

ORDER directing petitioner to sign page 16 of this Petition for Writ of Habeas Corpus and return to the court within 15 days of receipt. Signed by Chief Judge Frank D. Whitney on 9/9/16. (Pro se litigant served by US Mail.)(mga) (Main Document 7 replaced on 9/9/2016) (mga). Modified text on 9/9/2016 (mga).

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-631-FDW
WALTER TIMOTHY GAUSE,

)
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Petitioner,
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vs.
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ROY COOPER,
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Respondent.
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____________________________________)

ORDER

THIS MATTER is before the Court upon an initial review of Walter Timothy Gause’s
pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Doc No. 1.) Rule
2(c)(5) of the Rules Governing Section 2254 Cases in the United States District Courts requires
that a Petition for Writ of Habeas Corpus be “signed under penalty of perjury by the petitioner or
by a person authorized to sign it for the petitioner under 28 U.S.C. § 2242.” Neither Petitioner,
nor a person authorized by him, signed the instant Petition under penalty of perjury. (Pet. 15,
Doc. No. 1.)1
IT IS, THEREFORE, ORDERED that the Clerk of Court shall send Petitioner a copy
of the Petition for Writ of Habeas Corpus (Doc. No. 1). Petitioner shall have fifteen (15) days
from receipt of the Petition to sign Page 16, under penalty of perjury, and return it to the Clerk of
Court. Failure to comply with this Order shall result in the dismissal of the instant Petition for
Writ of Habeas Corpus.
Signed: September 9, 2016

1

Citations to the § 2254 Petition use page numbers generated by CM/ECF, the Court’s electronic filing system.

Case 3:16-cv-00631-FDW Document 7 Filed 09/09/16 Page 1 of 1