(HC) Saldana Jr. v. Spearman ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERTO SALDANA, JR., No. 1:21-cv-01733-HBK 12 Petitioner, ORDER REQUIRING PETITITONER TO SUBMIT SIGNED DECLARATION 13 v. 14 M.E. SPEARMAN, warden, TWENTY-ONE DAY DEADLINE 15 Respondent. 16 17 On November 22, 2021, Petitioner filed a petition for writ of habeas corpus. (Doc. No. 1). 18 Upon a close examination of the petition submitted to the Court, the Court has discovered that the 19 petition does not contain an original signature. Petitioner will be granted an opportunity to cure 20 this deficiency. 21 DISCUSSION 22 Rule 4 of the Rules Governing § 2254 Cases requires the Court to make a preliminary 23 review of each petition for writ of habeas corpus. The Court must dismiss a petition "[i]f it 24 plainly appears from the petition . . . that the petitioner is not entitled to relief." Rule 4 of the 25 Rules Governing § 2254 Cases; see also Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990). 26 A petition for habeas corpus should not be dismissed without leave to amend unless it appears 27 that no tenable claim for relief can be pleaded were such leave granted. Jarvis v. Nelson, 440 28 F.2d 13, 14 (9th Cir. 1971). 1 Rule 11 requires all pleadings, written motions, and other papers be signed by at least one 2 | attorney of record or by a party personally if the party is unrepresented. Fed. R. Civ. P. 11(a); 3 | Local Rule 131(b). In addition, Rule 2 of the Rules Governing Section 2254 Cases requires a 4 | petition for writ of habeas corpus to “be signed under penalty of perjury by the petitioner.” 5 In light of the difficulty in having Petitioner submit a new habeas corpus petition, 6 | Petitioner is ORDERED to submit a document stating that he submitted the instant petition to the 7 | Court and sign it under penalty of perjury. The document should contain an original signature. 8 | Petitioner is GRANTED twenty-one (21) days from the date of service of this order to comply 9 | with the Court’s directive. 10 Petitioner is forewarned that failure to comply with a Court order will result in dismissal 11 | of the petition pursuant to Local Rule 110. 12 ORDER 13 Accordingly, Petitioner is GRANTED twenty-one days (21) from the date of service of 14 | this order in which to SUBMIT a document stating that he submitted the instant petition to the 15 | Court and sign it under penalty of perjury. 16 Failure to comply with this Order will result in a recommendation that the petition be 17 || dismissed. 18 | Dated: _ January 20, 2022 Mile. Wh. foareh Zaskth 20 HELENA M. BARCH-KUCHTA 1 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28