Spearman

(HC) Saldana Jr. v. Spearman

Good Law
United States District Court, Eastern District of CaliforniaJanuary 20, 20221:21-cv-01733California483 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERTO SALDANA, JR., No. 1:21-cv-01733-HBK Petitioner, ORDER REQUIRING PETITITONER TO

SUBMIT SIGNED DECLARATION

v.

M.E. SPEARMAN, warden,

TWENTY-ONE DAY DEADLINE

Respondent. 16 On November 22, 2021, Petitioner filed a petition for writ of habeas corpus. (Doc. No. 1). Upon a close examination of the petition submitted to the Court, the Court has discovered that the petition does not contain an original signature. Petitioner will be granted an opportunity to cure this deficiency. DISCUSSION Rule 4 of the Rules Governing § 2254 Cases requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must dismiss a petition "[i]f it plainly appears from the petition . . . that the petitioner is not entitled to relief." Rule 4 of the Rules Governing § 2254 Cases; see also Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990). A petition for habeas corpus should not…

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