William Thomas Coats v. Mike McDonald et al

Filing 27

ORDER signed by Magistrate Judge Kendall J. Newman on 8/8/11 ORDERING that 26 Amended Petition for Writ of Habeas Corpus is DISREGARDED.(Dillon, 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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WILLIAM THOMAS COATS,
Petitioner,

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vs.

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No. 2:09-cv-1125 KJM KJN P

MIKE MCDONALD, Warden, et al.,
Respondents.

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ORDER
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Petitioner is a state prisoner proceeding without counsel. On April 5, 2011, the

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undersigned issued findings and recommendations recommending that petitioner’s application

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for habeas corpus be denied. On August 1, 2011, petitioner filed a first amended petition for writ

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of habeas corpus. Once an answer has been filed, a party may amend a pleading only by leave of

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court or by written consent of the adverse party. See Fed. R. Civ. P. 15(a). An answer was filed

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on October 20, 2009. Petitioner has filed neither a motion to amend nor a stipulation to amend

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the petition signed by all parties. Therefore, petitioner’s amended petition will be disregarded.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s August 1, 2011 first

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amended petition (dkt. no. 26) is disregarded.

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DATED: August 8, 2011
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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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