Webb v. Grounds
Filing
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ORDER REQUIRING Petitioner to Submit Signed Declaration No Later Than Twenty (20) Days After the Date of Service of This Order, signed by Magistrate Judge Barbara A. McAuliffe on 11/17/2011. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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A.D. WEBB,
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Petitioner,
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v.
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RANDY GROUNDS, Warden,
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Respondent.
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1:11-cv—00331–BAM-HC
ORDER REQUIRING PETITIONER TO
SUBMIT SIGNED DECLARATION NO
LATER THAN TWENTY (20) DAYS AFTER
THE DATE OF SERVICE OF THIS ORDER
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Petitioner is a state prisoner proceeding pro se and in
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forma pauperis with a petition for writ of habeas corpus pursuant
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to 28 U.S.C. § 2254.
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Petitioner has consented to the jurisdiction of the United States
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Magistrate Judge to conduct all further proceedings in the case,
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including the entry of final judgment, by manifesting consent in
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a signed writing filed by Petitioner on March 18, 2011 (doc. 5).
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Pending before the Court is the first amended petition (FAP),
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which was filed on August 9, 2011.
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Pursuant to 28 U.S.C. § 636(c)(1),
Upon a close examination of the first amended petition
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submitted to the Court, the Court has discovered that the
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petition does not contain a signature.
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Local Rule 131 requires a
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document submitted to the Court for filing to include an original
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signature.
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2254 Cases in the United States District Courts (Habeas Rules)
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requires a petition for writ of habeas corpus to be signed.
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In addition, Rule 2 of the Rules Governing Section
The absence of a signature results in the petition not being
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verified, or stated to be true by the maker under penalty of
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perjury.
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§ 2242, which provides in pertinent part:
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However, a verification is required by 28 U.S.C.
Application for a writ of habeas corpus shall
be in writing signed and verified by the person
for whose relief it is intended or by someone
acting in his behalf.
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Likewise, Rule 2 of the Rules Governing Section 2254 Cases
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in the United States District Courts (Habeas Rules) expressly
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requires that the petition “be signed under penalty of perjury by
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the petitioner or by a person authorized to sign it for the
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petitioner under 28 U.S.C. § 2242.”
Habeas Rule 2(c)(5).
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Title 28 U.S.C. § 1746 requires that a declaration be
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subscribed as true under penalty of perjury, and be executed
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substantially in the statutory form, which in turn requires a
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declaration “under penalty of perjury that the foregoing is true
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and correct.”
28 U.S.C. § 1746.
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If a petition is insufficient, the rules direct the Clerk to
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file the petition, and the Court may then require the petitioner
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to submit a corrected petition that conforms to Rule 2(c).
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Habeas Rule 3(b); Habeas Rule 2, Advisory Committee Comment, 2004
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Amendments.
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In light of the difficulty in having Petitioner submit a new
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habeas corpus petition, Petitioner is ORDERED to submit a
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document in which he 1) states that he submitted the instant
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first amended petition to the Court and 2) verifies the truth of
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the matters alleged in the first amended petition pursuant to 28
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U.S.C. § 1746.
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document under penalty of perjury.
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an original signature.
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from the date of service of this order to comply with the Court’s
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directive.
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Further, Petitioner is ORDERED to sign the
The document should contain
Petitioner is GRANTED twenty (20) days
Petitioner is forewarned that failure to comply with a Court
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order will result in dismissal of the petition pursuant to Local
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Rule 110.
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IT IS SO ORDERED.
Dated:
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November 17, 2011
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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