Stewart v. Lattimore et al
Filing
9
ORDER Requiring Petitioner To Submit Signed Declaration, signed by Magistrate Judge Michael J. Seng on 4/28/2010. (Declaration Deadline: 5/26/2010) (Scrivner, E)
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1 2 3 4 5 6 7 8 9 10 11 12 CARLETHA A. STEWART, 13 Petitioner, 14 v. 15 M. LATTIMORE, Warden, 16 Respondent. 17 18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. 20 Upon a close examination of the petition submitted to the Court, the Court has discovered 21 that the petition does not contain an original signature. Local Rule 131 requires a document 22 submitted to the Court for filing to include an original signature. In addition, Rule 2(c)(5) of the 23 Rules Governing Section 2254 Cases requires a petition for writ of habeas corpus to "be signed 24 under penalty of perjury by the petitioner." 25 In light of the difficulty in having Petitioner submit a new habeas corpus petition, Petitioner 26 is ORDERED to submit a document stating that she submitted the instant petition to the Court and 27 sign it under penalty of perjury. The document should contain an original signature. Petitioner is 28
U . S . D i s t r ic t C o u r t E. D . C a lifo r n ia
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) 1:09-cv-00965 MJS HC ORDER REQUIRING PETITIONER TO SUBMIT SIGNED DECLARATION
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U . S . D i s t r ic t C o u r t E. D . C a lifo r n ia
GRANTED twenty (20) days from the date of service of this order to comply with the Court's directive. Petitioner is forewarned that failure to comply with a Court order will result in dismissal of the petition pursuant to Local Rule 110.
IT IS SO ORDERED. Dated: ci4d6 April 28, 2010 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE
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