Waller v. Parris

Filing 6

ORDER DIRECTING PETITIONER TO SIGN PETITION AND DIRECTING CLERK TO SEND FORM. Signed by Chief Judge S. Thomas Anderson on 5/16/17. (Anderson, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION

ALVIN WALLER, JR.,
Petitioner,
v.
MICHAEL PARRIS,
Respondent.

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Case No. 1:17-cv-01082-STA-egb

ORDER DIRECTING PETITIONER TO SIGN PETITION
AND
DIRECTING CLERK TO SEND FORM

On April 26, 2017, Petitioner, Alvin Waller, Jr., filed a pro se habeas corpus petition under
28 U.S.C. § 2254. (ECF No. 1.) The petition is now before the Court for initial review.
A § 2254 petition must be signed “under penalty of perjury by the petitioner or by a person
authorized to sign it for the petitioner . . . .” Rule 2(c)(5), Rules Governing Section 2254 Cases
in the United States District Courts. Waller signed his petition, but did not sign the declaration
which appears at the end of the petition form. The declaration states that, under penalty of
perjury, the matters recited in the petition are true and correct.
Petitioner is therefore ORDERED to sign his § 2254 petition under penalty of perjury
within twenty-eight (28) days of the date of entry of this order. At his option, Petitioner may
submit only the signature page of the petition form bearing his original, handwritten signature.
Failure to comply with this order will result in dismissal of this action without prejudice for failure
to prosecute. See Fed. R. Civ. P. 41(b).
The Clerk is DIRECTED to send Petitioner a § 2254 habeas corpus petition form.

IT IS SO ORDERED.
s/ S. Thomas Anderson
S. THOMAS ANDERSON
CHIEF UNITED STATES DISTRICT JUDGE
Date: May 16, 2017

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