Milan-Rodriguez v. Lynch

Filing 16

ORDER for Respondent to File an Opposition OR Statement on Non-Opposition to Motion to Amend; ORDER SETTING Briefing Schedule, signed by Magistrate Judge Stanley A. Boone on 1/11/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JORGE ANTONIO MILAN-RODRIGUEZ,
Petitioner,

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ORDER FOR RESPONDENT TO FILE AN
OPPOSITION OR STATEMENT OF NONOPPOSITION TO MOTION TO AMEND
(ECF No. 14)

v.

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Case No. 1:16-cv-01578-SAB-HC

LORETTA E. LYNCH,

ORDER SETTING BRIEFING SCHEDULE

Respondent.

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Petitioner is federal immigration detainee proceeding pro se with a petition for writ of

18 habeas corpus pursuant to 28 U.S.C. § 2241. On December 19, 2016, Respondent filed a motion
19 to dismiss for lack of jurisdiction. (ECF No. 13). On January 3, 2017, the Court received
20 Petitioner’s request “to be granted a suitable amount of time in which to amend his petition.”
21 (ECF No. 14). The Court construes this request as a motion to amend. See Castro v. United
22 States, 540 U.S. 375, 381–82 (2003) (courts may recharacterize a pro se motion to “create a
23 better correspondence between the substance of a pro se motion’s claim and its underlying legal
24 basis”).
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Accordingly, the Court HEREBY ORDERS Respondent to file an opposition or

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2 statement of non-opposition to the motion to amend no later than January 27, 2017. If
3 Respondent files an opposition, Petitioner may file a reply within seven (7) days after the
4 opposition is served.
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IT IS SO ORDERED.

7 Dated:

January 11, 2017
UNITED STATES MAGISTRATE JUDGE

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