(HC) Roberts v. St. Andre

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RYAN D ROBERTS, No. 2:23-cv-00227-EFB (HC) Petitioner, v. ORDER ROB ST. ANDRE, Respondent. 16 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has paid the filing fee. However, the court cannot determine whether petitioner may be entitled to the requested relief because he has not personally signed the petition. See ECF No. 1 (signed instead by “Edmund Roberto,” who claims to be “father and attorney in fact under durable power of attorney”). Apparently, Mr. Roberto misunderstands the authority and lack of authority conferred by a durable power of attorney, which cannot authorize a non- lawyer to represent the plaintiff in this action. 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 personally if the party…