Patterson v. Martinez

Filing 14

ORDER GRANTING 11 Motion to Amend; ORDER DIRECTING RESPONDENT to File a Response to 10 First Amended Petition signed by Magistrate Judge Stanley A. Boone on 10/11/2016. Clerk to serve a copy of this order, a copy of the Petition and the Order re Consent on the Attorney General. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 VESTER L. PATTERSON, Petitioner, 11 12 13 14 Case No. 1:16-cv-01215-LJO-SAB-HC ORDER GRANTING MOTION TO AMEND (ECF No. 11) v. ORDER TO RESPOND TO FIRST AMENDED PETITION (ECF No. 10) JOEL MARTINEZ, Respondent. ORDER SETTING BRIEFING SCHEDULE 15 16 Petitioner is state prisoner proceeding pro se with a petition for writ of habeas corpus 17 pursuant to 28 U.S.C. § 2254. On September 26, 2016, Petitioner filed a first amended petition 18 (ECF No. 10) and a motion for an order to direct the Clerk of Court to serve the amended 19 petition (ECF No. 11), which the Court previously construed as a motion to amend (ECF No. 20 12). Respondent does not oppose Petitioner’s motion to amend. (ECF No. 13). 21 In light of Respondent’s statement of non-opposition to the motion to amend, the Court 22 HEREBY ORDERS that: 23 1. Petitioner’s motion to amend (ECF No. 11) is GRANTED; 24 2. Within SIXTY (60) days of the date of service of this order, Respondent SHALL 25 FILE a RESPONSE to the Amended Petition (ECF No. 33). See Rule 4, Rules 26 Governing Section 2254 Cases; Cluchette v. Rushen, 770 F.2d 1469, 1473–74 (9th 27 Cir. 1985) (court has discretion to fix time for filing a response). A Response can be 28 made by filing one of the following: 1 1 A. AN ANSWER addressing the merits of the First Amended Petition. Any 2 argument by Respondent that Petitioner has procedurally defaulted a claim 3 SHALL BE MADE in the ANSWER, but must also address the merits of the 4 claim asserted. 5 B. A MOTION TO DISMISS the First Amended Petition. 6 3. Within SIXTY (60) days of the date of service of this order, Respondent SHALL 7 FILE any and all transcripts or other documents necessary for the resolution of the 8 issues presented in the First Amended Petition. See Rule 5(c), Rules Governing 9 Section 2254 Cases. 10 4. If Respondent files an Answer to the First Amended Petition, Petitioner MAY FILE a 11 Traverse within THIRTY (30) days of the date Respondent’s Answer or written 12 submission is filed with the Court. If no Traverse is filed, the First Amended Petition 13 and Answer are deemed submitted at the expiration of the thirty days. 14 5. If Respondent files a Motion to Dismiss, Petitioner SHALL FILE an Opposition or 15 Statement of Non-Opposition within TWENTY-ONE (21) days of the date 16 Respondent’s Motion is filed with the Court. Any Reply to an Opposition to the 17 Motion to Dismiss SHALL be filed within SEVEN (7) days after the Opposition is 18 served. The Motion to Dismiss will be deemed submitted TWENTY-EIGHT (28) 19 days after the service of the Motion or when the Reply is filed, whichever comes 20 first. See Local Rule 230(l). 21 22 IT IS SO ORDERED. 23 Dated: October 11, 2016 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?