Robinson v. Colby Braun

Filing 13

ORDER by Magistrate Judge Charles S. Miller, Jr. denying 7 Motion to Strike. (BG) Distributed on 11/14/2016. (rh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Anthony James Robinson,
Petitioner,
vs.
Colby Braun, Warden,
Respondent.

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ORDER

Case No. 1:16-cr-361

Petitioner initiated the above entitled action on October 12, 2016, with the submission of a
“Petition under 28 U.S.C. § 2254 for a Writ of Habeas by Person in State Custody.” On October
28, 2016, respondent filed a motion to strike the petition on the grounds that it was neither signed
nor verified by petitioner and therefore improperly filed.
On November 14, 2016, petitioner submitted a signed copy of his petition, which the Clerk’s
office filed as a supplement to his petition. (Docket No. 12). As the record now contains a signed
and verified petition, respondent’s motion to strike (Docket No. 7) is DENIED.
IT IS SO ORDERED.
Dated this 14th day of November, 2016.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court