(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEITH M. CREAR,

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Petitioner,

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ORDER DENYING PETITIONER’S
MOTION TO SUPPLEMENT PETITION

v.
[Doc. 12]

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No. 1:20-cv-01811-AWI-SKO (HC)

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 14, 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 for failure to exhaust on January 5, 2021. (Doc. 11.)
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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. 11.) 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. Petitioner
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may file an amended petition pursuant to Rule 15(a) of the Fed. Rules of Civil Procedure, but the
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petition must stand alone and may not rely on other pleadings. Local Rule 15-220 requires that an
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amended petition be complete in itself without reference to any prior pleading. This is because,
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as a general rule, an amended petition supersedes the original petition. See Loux v. Ray, 375

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F.2d 55, 57 (9th Cir. 1967).

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Pursuant to Rule 15(d) of the Fed. Rules of Civil Procedure, supplemental pleadings are

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permitted to the extent a party seeks to “set[] out any transaction, occurrence, or event that

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happened after the date of the pleading to be supplemented.” Since Petitioner merely seeks to add

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further argument to his claim, supplementation will not be permitted. In any case, as fully

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discussed in the Findings and Recommendations, it is clear from Petitioner’s argument and

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exhibits that he has failed to exhaust his administrative remedies.
Accordingly, Petitioner’s motion to supplement his petition is DENIED.

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IT IS SO ORDERED.
Dated:

January 6, 2021

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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