Valencia v. Martel

Filing 49

ORDER GRANTING Respondent Thirty (30) Days in Which to File Opposition or Notice of Non-Opposition to Petitioner's Motion to Amend the First Amended Petition; ORDER Permitting Petitioner to File a Reply to Any Opposition Within Twenty (20) Days of the Date of Service; ORDER STAYING the Filing of a Traverse Pending Resolution of Petitioner's Motion to Amend the First Amended Petition, signed by Magistrate Judge Sheila K. Oberto on 10/31/2012. (Marrujo, C)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DAVID J. VALENCIA, JR.,

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Petitioner,

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v.
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CONNIE GIPSON, Warden,
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Respondent.
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1:11-CV-01066-AWI-SKO-HC
ORDER GRANTING RESPONDENT THIRTY
(30) DAYS IN WHICH TO FILE
OPPOSITION OR NOTICE OF NONOPPOSITION TO PETITIONER’S MOTION
TO AMEND THE FIRST AMENDED
PETITION (DOC. 47)
ORDER PERMITTING PETITIONER TO
FILE A REPLY TO ANY OPPOSITION
WITHIN TWENTY (20) DAYS OF THE
DATE OF SERVICE
ORDER STAYING THE FILING OF A
TRAVERSE PENDING RESOLUTION OF
PETITIONER’S MOTION TO AMEND THE
FIRST AMENDED PETITION

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Petitioner is a state prisoner proceeding pro se with a

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petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

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The matter has been referred to the Magistrate Judge pursuant to

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28 U.S.C.§ 636(b)(1) and Local Rules 302 and 303.

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the court are 1) Petitioner’s request for judicial notice of

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Fourteenth and Eighth Amendments in Grounds 3 and 4 and/or a

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motion to amend the petition (doc. 47), which the Court

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understands to be a motion to amend the first amended petition

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(FAP); and 2) Petitioner’s motion to amend the FAP to change the
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Pending before

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name of the Respondent (doc. 37).

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I.

Briefing Schedule for Petitioner’s Motion
to Amend the Petition (Doc. 47)

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Petitioner filed a first amended petition (FAP) on June 14,
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2012.

Respondent filed an answer on October 18, 2012.

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Respondent is GRANTED leave to file opposition or notice of
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non-opposition to Petitioner’s motion to amend the FAP (doc. 47)
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no later than thirty (30) days after the date of service of this
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order.
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Petitioner is GRANTED leave to file a reply to any
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opposition filed by Respondent no later than twenty (20) days
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after the date of service of any opposition.
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II.

Staying the Filing of a Traverse

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Pursuant to this Court’s order of July 2, 2012, Petitioner’s
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traverse to the answer is due thirty days after the date of
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service of the answer, or on or about November 25, 2012.
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In view of the pendency of Petitioner’s motion to amend the
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FAP, the Court’s order to Petitioner to file a traverse is STAYED
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pending resolution of Petitioner’s motion or further order of the
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Court.
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IT IS SO ORDERED.
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Dated:
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October 31, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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