Patterson v. Martinez
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
VESTER L. PATTERSON,
Case No. 1:16-cv-01215-LJO-SAB-HC
ORDER GRANTING MOTION TO AMEND
(ECF No. 11)
ORDER TO RESPOND TO FIRST
AMENDED PETITION (ECF No. 10)
ORDER SETTING BRIEFING SCHEDULE
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).
In light of Respondent’s statement of non-opposition to the motion to amend, the Court
22 HEREBY ORDERS that:
1. Petitioner’s motion to amend (ECF No. 11) is GRANTED;
2. Within SIXTY (60) days of the date of service of this order, Respondent SHALL
FILE a RESPONSE to the Amended Petition (ECF No. 33). See Rule 4, Rules
Governing Section 2254 Cases; Cluchette v. Rushen, 770 F.2d 1469, 1473–74 (9th
Cir. 1985) (court has discretion to fix time for filing a response). A Response can be
made by filing one of the following:
AN ANSWER addressing the merits of the First Amended Petition. Any
argument by Respondent that Petitioner has procedurally defaulted a claim
SHALL BE MADE in the ANSWER, but must also address the merits of the
A MOTION TO DISMISS the First Amended Petition.
3. Within SIXTY (60) days of the date of service of this order, Respondent SHALL
FILE any and all transcripts or other documents necessary for the resolution of the
issues presented in the First Amended Petition. See Rule 5(c), Rules Governing
Section 2254 Cases.
4. If Respondent files an Answer to the First Amended Petition, Petitioner MAY FILE a
Traverse within THIRTY (30) days of the date Respondent’s Answer or written
submission is filed with the Court. If no Traverse is filed, the First Amended Petition
and Answer are deemed submitted at the expiration of the thirty days.
5. If Respondent files a Motion to Dismiss, Petitioner SHALL FILE an Opposition or
Statement of Non-Opposition within TWENTY-ONE (21) days of the date
Respondent’s Motion is filed with the Court. Any Reply to an Opposition to the
Motion to Dismiss SHALL be filed within SEVEN (7) days after the Opposition is
served. The Motion to Dismiss will be deemed submitted TWENTY-EIGHT (28)
days after the service of the Motion or when the Reply is filed, whichever comes
first. See Local Rule 230(l).
IT IS SO ORDERED.
October 11, 2016
UNITED STATES MAGISTRATE JUDGE
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