Opinion
2:23-cv-00227-EFB (HC)
02-15-2023
RYAN D ROBERTS, Petitioner, v. ROB ST. ANDRE, Respondent.
ORDER
EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE
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 is unrepresented.” Fed.R.Civ.P. 11(a). Even with a power of attorney, Edmund Roberto, who does not claim to be a lawyer, has no authority to pursue legal claims on behalf of petitioner. See Johnson v. Bank One N.A., 90 Fed.Appx. 956, 957 (7th Cir. 2004) (non-lawyer with power attorney may not sign pleadings for an unrepresented party because he is not a licensed attorney). Because petitioner is not represented by counsel, petitioner must personally sign the petition and other pleadings, motions and papers filed with the court.
Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk of the Court shall strike the petition (ECF No. 1);
2. Within 30 days, petitioner shall file a signed petition using the form employed by this court and stating all claims and prayers for relief;
3. Petitioner's failure to comply with this order may result in this case being closed; and
4. The Clerk of the Court is directed to send petitioner the court's form application for writ of habeas corpus.