United States District Court, N.D. California
October 14, 2005.
CLARENCE HENSEL, Peititoner,
DERRAL ADAMS, Respondent.
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
ORDER OF DISMISSAL WITH LEAVE TO AMEND; DENYING APPOINTMENT OF
Petitioner, a California state prisoner proceeding pro se,
filed the above-titled petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254. He has paid the filing fee.
Pursuant to Rule 11, every pleading, written motion, or other
paper filed in an action shall be signed by the party's attorney
or, "if the party is not represented by an attorney, shall be
signed by the party." Fed.R.Civ.P. 11(a). An unsigned paper
shall be stricken unless omission of the signature is corrected
promptly after being called to the attention of the party. Id. In
the instant action, petitioner did not sign the petition himself;
rather, his name was signed by an attorney, Marylou Hillberg. The
caption of the petition indicates that Ms. Hillberg is not
representing petitioner in this case. Indeed, petitioner has
requested that the court appoint counsel for him. Consequently,
pursuant to Rule 11(a), petitioner must sign the petition
himself. Accordingly, the action is hereby DISMISSED, with leave to file
within thirty (30) days of the date this order is filed, a
properly-signed petition. If petitioner wishes to continue to
proceed pro se, he must sign such petition himself. The petition
may be signed by counsel only if counsel appears on his behalf as
counsel of record. The petition must include the caption and
civil case number used in this order (No. C 05-2411 MMC (PR)) and
the words AMENDED PETITION on the first page.
Petitioner is further advised that he must include in the
amended petition all the claims he wishes to present, and he may
not include any unexhausted claims or incorporate material from
prior petitions by reference.
Failure to file an amended petition in conformity with this
order shall result in the dismissal of this action without
The interests of justice do not warrant appointment of counsel
in this case. See 18 U.S.C. § 3006A(a)(2)(B). Accordingly,
petitioner's request for such appointment is DENIED.
Petitioner's motion for leave to proceed in forma pauperis is
DENIED as moot in light of petitioner's payment of the filing
This order terminates Docket Nos. 2 and 3.
IT IS SO ORDERED.
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