Burgess v. Rios

Filing 45

ORDER signed by Magistrate Judge Sheila K. Oberto on 2/27/2014 setting briefing schedule re 44 MOTION to AMEND. (Response due by 4/1/2014; Reply due 30 days after response). (Lundstrom, T)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10
11 COREY BURGESS,

Case No. 1:12-cv-00777-AWI-SKO-HC

12

ORDER SETTING BRIEFING SCHEDULE ON
PETITIONER’S MOTION FOR LEAVE TO
FILE AN AMENDED PETITION (DOC. 44)

13

Petitioner,
v.

14
15
16

HECTOR ALFONZO RIOS,
Respondent.

17
18

Petitioner is a federal prisoner proceeding pro se and in forma

19 pauperis with a petition for writ of habeas corpus pursuant to 28
20 U.S.C. § 2241.

The matter has been referred to the Magistrate Judge

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

22 Pending before the Court is a motion filed by Petitioner on February
23 18, 2014, in which Petitioner seeks leave to amend his “complaint,”
24 which the Court understands to be a motion for leave to file an
25 amended petition.
26

A court has inherent power to control its docket and the

27 disposition of its cases with economy of time and effort for both
28 the court and the parties.

Landis v. North American Co., 299 U.S.
1

1 248, 254-255 (1936); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th
2 Cir. 1992).

The Court exercises its discretion to set a briefing

3 schedule with respect to Petitioner’s motion for the benefit of the
4 Court and the parties.
5

Respondent shall FILE no later than thirty (30) days after the

6 date of service of this order opposition or notice of non-opposition
7 to Petitioner’s motion.
8

Petitioner may FILE a reply to any opposition filed by

9 Respondent to the motion no later than thirty (30) days after the
10 date of service upon Petitioner of any opposition filed by
11 Respondent.
12
13
14 IT IS SO ORDERED.
15
16

Dated:

February 27, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21

22
23
24
25
26
27
28
2