James Payne v. Audrey King

Filing 23

ORDER GRANTING Petitioner's Motion for Leave to File a First Amended Petition 19 ; ORDER GRANTING Respondent's Motion for an Extension of Time to File a Response to the First Amended Petition 21 , 18 , signed by Magistrate Judge Barbara A. McAuliffe on 6/24/14. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 JAMES PAYNE,

Case No. 1:14-cv-00538-LJO-BAM-HC

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ORDER GRANTING PETITIONER’S MOTION
FOR LEAVE TO FILE A FIRST AMENDED
PETITION (DOC. 19)

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Petitioner,
v.

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AUDREY KING, Executive Director
16 of the Coalinga State Hospital,
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ORDER GRANTING RESPONDENT’S MOTION
FOR AN EXTENSION OF TIME TO FILE A
RESPONSE TO THE FIRST AMENDED
PETITION (DOCS. 21, 18)

Respondent.

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Petitioner is a state prisoner proceeding pro se and in forma

20 pauperis with a petition for writ of habeas corpus that was filed
21 pursuant to 28 U.S.C. § 2241. The matter has been referred to the
22 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules
23 302 and 303.
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Pending before the Court are 1) Petitioner’s motion for leave

25 to file a first amended petition, which was filed on May 12, 2014,
26 along with the first amended petition (FAP), and 2) Respondent’s
27 motion for an extension of time within which to file a response to
28 the FAP, which was filed on May 23, 2014.
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I.

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Order Granting Petitioner’s Motion for Leave to File a
First Amended Petition

In her response to the motion, Respondent indicated that

4 Respondent had no opposition to the filing of the FAP.
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Accordingly, Petitioner’s motion for leave to file a first

6 amended petition is GRANTED.
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The action will proceed on the FAP (doc. 18).
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II. Order Granting Respondent’s Request for an Extension of
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Time to Respond to the Petition
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Good cause appearing, Respondent’s motion for an extension of
time is GRANTED.
Respondent shall have until June 30, 2014, to file a response

14 to the FAP.
15 IT IS SO ORDERED.
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Dated:

/s/ Barbara

June 24, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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