Filed: Jul. 03, 2012
Latest Update: Jul. 03, 2012
Summary: ORDER EDMUND F. BRENNAN, Magistrate Judge. Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. 2254. On June 7, 2012, petitioner's mother filed a document in regards to her son's habeas proceeding. See Dckt. No. 14. However, petitioner's mother, who does not state that she is an attorney, has no authority to represent others in court, even her son. See Johns v. County of San Diego, 114 F.3d 874 , 876 (9th Cir.1997); Church of the New Te
Summary: ORDER EDMUND F. BRENNAN, Magistrate Judge. Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. 2254. On June 7, 2012, petitioner's mother filed a document in regards to her son's habeas proceeding. See Dckt. No. 14. However, petitioner's mother, who does not state that she is an attorney, has no authority to represent others in court, even her son. See Johns v. County of San Diego, 114 F.3d 874 , 876 (9th Cir.1997); Church of the New Tes..
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ORDER
EDMUND F. BRENNAN, Magistrate Judge.
Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
On June 7, 2012, petitioner's mother filed a document in regards to her son's habeas proceeding. See Dckt. No. 14. However, petitioner's mother, who does not state that she is an attorney, has no authority to represent others in court, even her son. See Johns v. County of San Diego, 114 F.3d 874, 876 (9th Cir.1997); Church of the New Testament v. United States, 783 F.2d 771, 773-74 (9th Cir. 1986). While petitioner may submit papers prepared by someone other than himself, he must sign those papers or otherwise acknowledge that he wants them filed on his behalf. See Fed. R. Civ. P. 11(a) ("Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name—or by a party personally if the party is unrepresented.").
Here, petitioner has not signed the document filed by his mother. Accordingly, the court will strike from the docket the above-referenced filings.
Accordingly, it is ORDERED that Docket Number 14 is stricken and the Clerk shall make a notation to that effect on the docket.
