Haoren Ma v. Loretta E. Lynch

I.

BACKGROUND

On June 15, 2020, Tina Honglin Guan, purportedly on behalf of her husband, Petitioner Haoren Ma (“Petitioner”), filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Petition”) challenging Petitioner’s “unlawful prolonged detention” at the Adelanto Detention Facility. ECF Docket No. (“Dkt.”) 1. The Petition, however, appears subject to dismissal because it is not signed by Petitioner. The Court will not make a final determination regarding whether the federal Petition should be dismissed without giving Petitioner an opportunity to address this issue.

II.

DISCUSSION

Petitioner Haoren Ma did not sign the Petition. The district court may dismiss or refuse to file a petition that is unsigned or unverified by the petitioner. See Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990); Application of Gibson, 218 F.2d 320 (9th Cir. 1954), cert. denied, 348 U.S. 955 (1955). In addition, while Petitioner’s wife, Tina Honglin Guan, purports to bring this action pro se on behalf of Petitioner, a non-lawyer may not represent in litigation anyone other than himself or herself. See Campbell v. Burt, 141 F.3d 927, 931 (9th Cir. 1998); Johns v. Cty.…