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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VESTER L. PATTERSON,
Petitioner,

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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

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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).
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In light of Respondent’s statement of non-opposition to the motion to amend, the Court

22 HEREBY ORDERS that:
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1. Petitioner’s motion to amend (ECF No. 11) is GRANTED;

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2. Within SIXTY (60) days of the date of service of this order, Respondent SHALL

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FILE a RESPONSE to the Amended Petition (ECF No. 33). See Rule 4, Rules

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Governing Section 2254 Cases; Cluchette v. Rushen, 770 F.2d 1469, 1473–74 (9th

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Cir. 1985) (court has discretion to fix time for filing a response). A Response can be

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made by filing one of the following:
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A.

AN ANSWER addressing the merits of the First Amended Petition. Any

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argument by Respondent that Petitioner has procedurally defaulted a claim

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SHALL BE MADE in the ANSWER, but must also address the merits of the

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claim asserted.

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B.

A MOTION TO DISMISS the First Amended Petition.

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3. Within SIXTY (60) days of the date of service of this order, Respondent SHALL

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FILE any and all transcripts or other documents necessary for the resolution of the

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issues presented in the First Amended Petition. See Rule 5(c), Rules Governing

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Section 2254 Cases.

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4. If Respondent files an Answer to the First Amended Petition, Petitioner MAY FILE a

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Traverse within THIRTY (30) days of the date Respondent’s Answer or written

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submission is filed with the Court. If no Traverse is filed, the First Amended Petition

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and Answer are deemed submitted at the expiration of the thirty days.

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5. If Respondent files a Motion to Dismiss, Petitioner SHALL FILE an Opposition or

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Statement of Non-Opposition within TWENTY-ONE (21) days of the date

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Respondent’s Motion is filed with the Court. Any Reply to an Opposition to the

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Motion to Dismiss SHALL be filed within SEVEN (7) days after the Opposition is

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served. The Motion to Dismiss will be deemed submitted TWENTY-EIGHT (28)

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days after the service of the Motion or when the Reply is filed, whichever comes

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first. See Local Rule 230(l).

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IT IS SO ORDERED.

23 Dated:

October 11, 2016

UNITED STATES MAGISTRATE JUDGE

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