Grubham v. State of Washington et al

Filing 11

ORDER that petitioner has until 10/25/13, to submit a signed motion and declaration. If the Court does not receive the signed documents by 10/25/13, petitioner's motion will be struck from the calendar. The Court instructs the Clerk's office to re-note petitioner's 10 MOTION to Stay for 11/1/2013. Signed by Magistrate Judge J Richard Creatura. (CMG; cc to Petitioner)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 BRADLEY ALLEN GRUBHAM, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Petitioner, CASE NO. C13-5646 RJB-JRC ORDER DIRECTING PETITIONER TO SIGN HIS PLEADINGS v. STATE OF WASHINGTON, Respondent. The District Court has referred this petition for a writ of habeas corpus to United States Magistrate Judge J. Richard Creatura. The Court’s authority for the referral is 28 U.S.C. § 636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR3 and MJR4. Petitioner seeks relief from a state conviction and sentence. Thus, the petition is filed pursuant to 28 U.S.C. § 2254. Petitioner has filed a motion asking that the Court stay his petition and hold it in abeyance (ECF No. 10). Petitioner did not properly sign either his motion or his attached declaration. Fed. R. Civ. P. 11 states: Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name--or by a party personally if the party is unrepresented. The paper must state the signer’s address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading ORDER DIRECTING PETITIONER TO SIGN HIS PLEADINGS - 1 1 2 need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party's attention. 3 The Court gives petitioner until October 25, 2013, to submit a signed motion and 4 declaration. If the Court does not receive the signed documents by October 25, 2013, petitioner’s 5 motion will be struck from the calendar. The Court instructs the Clerk’s Office to re-note 6 petitioner’s motion, (ECF No. 10), for November 1, 2013. 7 Dated this 4th day of October, 2013. 8 A 9 J. Richard Creatura United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER DIRECTING PETITIONER TO SIGN HIS PLEADINGS - 2

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