(HC) Overton v. California Health Care Facility

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL L. OVERTON, No. 2:20-cv-0441-EFB P Petitioner, v. ORDER CALIFORNIA HEALTH CARE

FACILITY,

15 Respondent.

17 Mr. Overton is a state prisoner proceeding without counsel. This action was opened when he filed a petition for a writ of habeas corpus. ECF No. 1. However, he has not properly commenced this action. First, the court cannot conduct the required review of the petition because it is not signed. See Fed. R. Civ. P. 11(a) (requiring 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 personally if the party is unrepresented.”). If Mr. Overton wishes to challenge a judgment of conviction entered against him in state court, he must file a signed application for a writ of habeas corpus using this court’s form petition. Second, Mr. Overton must either file an in forma pauperis affidavit or pay the required filing fee…