Valencia v. Martel

Filing 55

ORDER DISREGARDING Petitioner's Amended Petition for Writ of Habeas Corpus 54 ; INFORMATIONAL ORDER to Petitioner, signed by Magistrate Judge Sheila K. Oberto on 11/15/12. (Hellings, J)

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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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MICHAEL MARTEL,
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Respondent.
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1:11-cv—01066-AWI-SKO-HC
ORDER DISREGARDING PETITIONER’S
AMENDED PETITION FOR WRIT OF
HABEAS CORPUS (DOC. 54)
INFORMATIONAL ORDER TO PETITIONER

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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 is Petitioner’s amended petition for writ of habeas

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corpus, which was lodged on November 13, 2012.

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On

Pending before

November 7, 2012, the Court granted Petitioner’s

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unopposed motion to file a second amended petition and expressly

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provided that Petitioner’s previously filed first amended

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petition (doc. 29, filed June 14, 2012), as augmented by

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Petitioner’s motion to amend (doc. 47), would constitute the

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second amended petition.

(Doc. 51, 2.)
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The Court’s order

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expressly provided that filing a separate pleading was

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unnecessary.

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Respondent intended to rely on Respondent’s previously filed

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answer (doc. 53, filed November 8, 2012).

(Id.)

Respondent subsequently filed notice that

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It therefore appears that the amended petition lodged by

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Petitioner on November 13, 2012, was unnecessary, and thus, it is

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DISREGARDED.

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Petitioner is INFORMED that if in filing the disregarded
amendment, Petitioner intended to seek leave to file a petition

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with additional new matter, Petitioner must seek leave of the

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Court to file a third amended petition by way of a noticed

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motion.

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IT IS SO ORDERED.

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Dated:
ie14hj

November 15, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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