Fourstar v. Copenhaver

Filing 23

ORDER DIRECTING Respondent to File Opposition or Notion of Non-Opposition to Petitioner's 15 Motion to Amend the Petition Within Thirty Days; ORDER SCHEDULING Reply; ORDER SUSPENDING Deadline for Petitioner's Filing of a Traverse to the First Amended Answser, signed by Magistrate Judge Barbara A. McAuliffe on 1/6/15. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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10 VICTOR CHARLES FOURSTAR, JR.,

Case No. 1:14-cv-01456-BAM-HC

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ORDER DIRECTING RESPONDENT TO FILE
OPPOSITION OR NOTICE OF NONOPPOSITION TO PETITIONER’S MOTION
TO AMEND THE PETITION WITHIN THIRTY
(30) DAYS (DOC. 15)

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Petitioner,
v.

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ORDER SCHEDULING REPLY

15 PAUL COPENHAVER,

DEADLINE: THIRTY (30) DAYS AFTER
SERVICE OF OPPOSITION

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Respondent.

ORDER SUSPENDING DEADLINE FOR
PETITIONER’S FILING OF A TRAVERSE
TO THE FIRST AMENDED ANSWER

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Petitioner is a federal prisoner proceeding pro se with a

20 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
21 Pursuant to 28 U.S.C. 636(c)(1), the parties have consented to the
22 jurisdiction of the United States Magistrate Judge to conduct all
23 further proceedings in the case, including the entry of final
24 judgment, by manifesting their consent in writings signed by the
25 parties or their representatives and filed by Petitioner on October
26 1, 2014, and on behalf of Respondent on October 16, 2014.
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Pending

1 before the Court is Petitioner’s motion to amend the petition (doc.
2 15), which was filed on December 1, 2014.

Respondent has not filed

3 opposition or notice of non-opposition to the motion.
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A court has inherent power to control its docket and the

5 disposition of its cases with economy of time and effort for both
6 the court and the parties.

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

7 248, 254-255 (1936); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th
8 Cir. 1992).

The Court has determined that in view of the lengthy

9 history of Petitioner’s attempts to add matters to the petition,
10 input from Respondent would be helpful to put Petitioner’s latest
11 motion in the context of the entire proceeding and to achieve an
12 informed disposition of the motion.
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Accordingly, it is ORDERED that:

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1) Respondent shall FILE either opposition or notice of non-

15 opposition to Petitioner’s motion to amend the petition no later
16 than thirty (30) days after the date of service of this order; and
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2)

Petitioner may FILE a reply to any opposition filed by

18 Respondent no later than thirty (30) days after the date of service
19 of any opposition on Petitioner; and
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3) Pending further order of the Court, the deadline for

21 Petitioner’s filing of a traverse to the First Amended Answer filed
22 on December 30, 2014, is SUSPENDED.
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24 IT IS SO ORDERED.
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Dated:

/s/ Barbara

January 6, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
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