(HC) Diaz v. People of the State of California ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL DIAZ III, No. 2:21-cv-0934-EFB P 12 Petitioner, 13 v. ORDER 14 THE PEOPLE OF THE STATE OF CALIFORNIA, 15 Respondent. 16 17 18 Mr. Diaz is a state prisoner proceeding without counsel. This action was opened when he 19 filed an unsigned petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the United 20 States District Court for the Southern District of California. ECF No. 1. The action was 21 subsequently transferred to the Central District of California and then to this district. ECF Nos. 2 22 & 10. 23 Rule 11 of the Federal Rules of Civil Procedure requires that “[e]very pleading, written 24 motion, and other paper . . . be signed by at least one attorney of record in the attorney’s name— 25 or by a party personally if the party is unrepresented.” Fed. R. Civ. P. 11(a). Because Mr. Diaz 26 did not sign the petition (ECF No. 1), it will be disregarded. Within thirty days, Mr. Diaz may 27 file a petition that is signed. See Fed. R. Civ. P. 3; Rule 3, Rules Governing § 2254 Cases; 28 Woodford v. Garceau, 538 U.S. 202, 203 (2003). ] Accordingly, it is ORDERED that: 2 1. The Clerk of the Court shall send to Mr. Diaz the court’s form for application for writ 3 of habeas corpus. 4 2. Within 30 days from the date of service of this order, Mr. Diaz may file a signed 5 petition for writ of habeas corpus using the form provided. 6 3. Mr. Diaz’s unsigned petition (ECF No. 1) is disregarded. 7 4. Failure to submit a signed petition in accordance with this order may result in this case 8 being closed. 9 | DATED: June 14, 2021. g Vator f Lb LM A 10 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28