(HC) Perkins v. Superior Court for the County of San Francisco

Good Law
United States District Court, Eastern District of CaliforniaAugust 14, 20192:19-cv-01493California496 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JOHN PERKINS, No. 2:19-cv-1493-EFB P Petitioner, v. ORDER SUPERIOR COURT FOR THE COUNTY

OF SAN FRANCISCO,

14 Respondent.

16 Mr. Perkins is a state prisoner proceeding without counsel. This action was opened when the United States Court of Appeals for the Ninth Circuit transferred his petition for a writ of habeas corpus to this court. However, he has not properly commenced a civil action because the petition is not signed and he has neither paid the filing fee nor sought leave to proceed in forma pauperis. See Fed. R. Civ. P. 3; Rule 3, Rules Governing § 2254 Cases; Woodford v. Garceau, 538 U.S. 202, 203 (2003). The court cannot conduct the required review of the petition because Mr. Perkins has not signed it. See ECF No. 1. Rule 11 of the Federal Rules of Civil Procedure requires that “[e]very pleading, written motion, and other paper . . . be signed by at least one attorney of record in the attorney’s name—or by a party…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.