Barnett v. Wong

Filing 348

ORDER signed by Magistrate Judge Craig M. Kellison on 9/1/2011 STRIKING petitioner's pro se 318 Motion to Amend Writ of Habeas Corpus Application. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEE MAX BARNETT,

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Petitioner,

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No. CIV S-99-2416-JAM-CMK
DEATH PENALTY CASE

vs.

ORDER

VINCENT CULLEN,

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Respondent.

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/

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Petitioner, a state prisoner proceeding with appointed counsel, seeks a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s pro se

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motion to file an amended petition (Doc. 318).

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Petitioner has been admonished several times throughout the course of this action

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regarding his pro se submissions. The court has informed petitioner that all such filings shall be

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completed through counsel, and that any pro se filings like the one currently before the court, will

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be stricken. (Docs. 70, 78, 203). Therefore, the Clerk of the Court will be instructed to strike

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petitioner’s motion from the docket. Petitioner is again admonished about filing motions pro se.

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Such filings shall occur through counsel or not at all.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to
strike petitioner’s pro se motion to amend (Doc. 318) from the docket.

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DATED: September 1, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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