(HC) Alvarado Melendez v. Barr

Filing 8

ORDER DENYING Petitioner's 5 Motion to Supplement Petition signed by Magistrate Judge Sheila K. Oberto on 1/5/2021. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE A. MELENDEZ, 12 13 No. 1:20-cv-01773-SKO (HC) ORDER DENYING PETITIONER’S MOTION TO SUPPLEMENT PETITION Petitioner, v. [Doc. 5] 14 15 16 WILLIAM BARR, Respondent. 17 Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for 18 writ of habeas corpus pursuant to 28 U.S.C. § 2241. 19 On December 16, 2020, Petitioner filed the instant petition. (Doc. 1.) The Court 20 conducted a preliminary review of the petition and issued Findings and Recommendations to 21 dismiss the petition on January 5, 2021. (Doc. 7.) 22 On January 4, 2021, Petitioner filed a motion to supplement the petition with additional 23 argument in support of his claim. (Doc. 5.) Petitioner is advised that the petition must be 24 complete in and of itself. See Rule 2(c), Fed. Rules Governing Section 2254 cases. Pursuant to 25 Rule 15(d) of the Fed. Rules of Civil Procedure, supplemental pleadings are permitted to the 26 27 extent a party seeks to “set[] out any transaction, occurrence, or event that happened after the date of the pleading to be supplemented.” Since Petitioner merely seeks to add further argument to his 28 1 1 claim, supplementation will not be permitted. Moreover, as discussed in the Court’s Findings and 2 Recommendations, Petitioner’s argument is without merit. Petitioner is incorrect in his 3 calculations. Petitioner believes the full term of his sentence is November 9, 2025, as noted in his 4 sentence computations. (Doc. 5 at 4.) This date, however, is the full term after crediting his 5 sentence with 859 days of prior custody time. This is illustrated by the fact that Petitioner was 6 sentenced on August 18, 2015, to a term of 151 months. Adding 151 months to August 18, 2015, 7 gives a full term date of March 18, 2028. Giving Petitioner credit for 859 days of prior custody 8 credit changed his full term date to November 9, 2025. There is nothing improper in the sentence 9 calculations. Accordingly, Petitioner’s motion to supplement his petition is DENIED. 10 11 12 13 14 IT IS SO ORDERED. Dated: January 5, 2021 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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