Davis

Davis v. State of California

Good Law
United States District Court, Southern District of CaliforniaDecember 3, 20193:19-cv-02263California743 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 GAVIN B. DAVIS, Case No.: 19cv2263-LAB (LL)

Petitioner,

ORDER DISMISSING CASE

v. WITHOUT PREJUDICE CALIFORNIA ATTORNEY GENERAL, 15 Respondent. 16 Petitioner, a California probationer challenging a state conviction arising from a guilty plea, has filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. The Petition is subject to dismissal without prejudice due to Petitioner’s failure to sign the Petition under penalty of perjury, failure to use a court-approved petition form and failure to name a proper Respondent. FAILURE TO SIGN PETITION UNDER PENALTY OF PERJURY Rule 2(c) of the Rules Governing Section 2254 Cases provides that “[t]he petition must be printed, typewritten or legibly handwritten; and be signed under penalty of perjury by the petitioner or by a person authorized to sign it for the petitioner under 28 U.S.C. § 2242.” Rule 2(c), 28 U.S.C. foll. § 2254 (emphasis added). Here,…

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