(HC) Crear v. Barr

Filing 14

ORDER DENYING 12 Petitioner's Motion to Supplement Petition signed by Magistrate Judge Sheila K. Oberto on 1/6/2021. (Jessen, A)

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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 KEITH M. CREAR, 12 13 Petitioner, 16 ORDER DENYING PETITIONER’S MOTION TO SUPPLEMENT PETITION v. [Doc. 12] 14 15 No. 1:20-cv-01811-AWI-SKO (HC) 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 14, 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 for failure to exhaust on January 5, 2021. (Doc. 11.) 22 On January 4, 2021, Petitioner filed a motion to supplement the petition with additional 23 argument in support of his claim. (Doc. 11.) Petitioner is advised that the petition must be 24 complete in and of itself. See Rule 2(c), Fed. Rules Governing Section 2254 cases. Petitioner 25 may file an amended petition pursuant to Rule 15(a) of the Fed. Rules of Civil Procedure, but the 26 petition must stand alone and may not rely on other pleadings. Local Rule 15-220 requires that an 27 amended petition be complete in itself without reference to any prior pleading. This is because, 28 1 1 as a general rule, an amended petition supersedes the original petition. See Loux v. Ray, 375 2 F.2d 55, 57 (9th Cir. 1967). 3 Pursuant to Rule 15(d) of the Fed. Rules of Civil Procedure, supplemental pleadings are 4 permitted to the extent a party seeks to “set[] out any transaction, occurrence, or event that 5 happened after the date of the pleading to be supplemented.” Since Petitioner merely seeks to add 6 further argument to his claim, supplementation will not be permitted. In any case, as fully 7 discussed in the Findings and Recommendations, it is clear from Petitioner’s argument and 8 exhibits that he has failed to exhaust his administrative remedies. Accordingly, Petitioner’s motion to supplement his petition is DENIED. 9 10 11 12 13 IT IS SO ORDERED. Dated: January 6, 2021 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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