Pallares
(HC) Omega v. Pallares
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NALANA OMEGA, No. 2:22-cv-0178-EFB P Petitioner, v. ORDER MICHAEL PALLARES, Respondent.
17 Mr. Omega 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.”). Second, Mr. Omega must either file an in forma pauperis affidavit or pay the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Until Mr. Omega submits a signed petition and either pays the filing fee or meets the requirements of 28 U.S.C. § 1915(a), there is simply no case before the…