(HC) 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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE A. MELENDEZ,

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No. 1:20-cv-01773-SKO (HC)
ORDER DENYING PETITIONER’S
MOTION TO SUPPLEMENT PETITION

Petitioner,
v.

[Doc. 5]

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WILLIAM BARR,
Respondent.

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Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for
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writ of habeas corpus pursuant to 28 U.S.C. § 2241.
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On December 16, 2020, Petitioner filed the instant petition. (Doc. 1.) The Court
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conducted a preliminary review of the petition and issued Findings and Recommendations to
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dismiss the petition on January 5, 2021. (Doc. 7.)
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On January 4, 2021, Petitioner filed a motion to supplement the petition with additional
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argument in support of his claim. (Doc. 5.) Petitioner is advised that the petition must be
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complete in and of itself. See Rule 2(c), Fed. Rules Governing Section 2254 cases. Pursuant to
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Rule 15(d) of the Fed. Rules of Civil Procedure, supplemental pleadings are permitted to the
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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

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claim, supplementation will not be permitted. Moreover, as discussed in the Court’s Findings and

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Recommendations, Petitioner’s argument is without merit. Petitioner is incorrect in his

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calculations. Petitioner believes the full term of his sentence is November 9, 2025, as noted in his

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sentence computations. (Doc. 5 at 4.) This date, however, is the full term after crediting his

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sentence with 859 days of prior custody time. This is illustrated by the fact that Petitioner was

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sentenced on August 18, 2015, to a term of 151 months. Adding 151 months to August 18, 2015,

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gives a full term date of March 18, 2028. Giving Petitioner credit for 859 days of prior custody

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credit changed his full term date to November 9, 2025. There is nothing improper in the sentence

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calculations.
Accordingly, Petitioner’s motion to supplement his petition is DENIED.

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IT IS SO ORDERED.
Dated:

January 5, 2021

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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