West v. Dickinson

Filing 130

ORDER signed by Magistrate Judge Allison Claire on 04/14/14 vacating 116 Motion to Amend the Complaint and denying 129 Motion for Extension of time. Counsel for petitioner shall file a renewed motion for leave to file a fourth amended habeas p etition, together with a proposed fourth amended petition, no later than 7/16/14. Respondent shall have 30 dayd to file any opposition thereto. Petitioner's reply shall be due 14 days after the filing date of any opposition filed by respondent. A further briefing schedule will be set upon resolution of the renewed motion for leave to amend the petition. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MACK A. WEST, JR.,

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No. 2:09-cv-03147-KJM-AC-P

Petitioner,
v.

ORDER

RANDY GROUNDS,
Respondent.

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Petitioner is a state prisoner proceeding through appointed counsel with a petition for writ

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of habeas corpus filed pursuant to 28 U.S.C. § 2254. Currently pending before the court is

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petitioner’s motion for leave to amend his federal habeas petition as well as a proposed fourth

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amended petition which were both filed while petitioner was pro se. See ECF Nos. 116 (motion

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for leave to amend); 117 (proposed fourth amended petition). Based on issues raised in the

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motion for leave to amend as well as the opposition filed by respondent, the court appointed

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counsel to represent petitioner. ECF No. 124. In this same order, the court directed appointed

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counsel to file a supplemental motion for leave to file the fourth amended petition with supporting

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documentation of petitioner’s mental health status between February 19, 2009 and September 25,

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2013. ECF No. 124 at 2.

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Petitioner has filed a second motion for a 90 day extension of time to file this
supplemental motion for leave to amend which respondent does not oppose. See ECF No. 129.
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In the motion counsel for petitioner indicates that she needs an additional 90 days to review and

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analyze voluminous medical records which she just received in order to address the issues raised

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in this court’s November 19, 2013 order appointing counsel. See ECF No. 124.

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The request for additional time is reasonable. Rather than requiring counsel to further

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brief a motion that was filed in pro per, however, especially in light of the complexity of the

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issues and the volume of records involved, the court will vacate the pending motion and order that

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petitioner file a renewed motion to amend in the time requested.

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Accordingly, IT IS HEREBY ORDERED THAT:

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1. Petitioner’s pro se motion to amend his federal habeas corpus petition (ECF No. 116)

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is vacated;

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2. Petitioner’s motion for an extension of time (ECF No. 129) is denied as moot;

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3. Counsel for petitioner shall file a renewed motion for leave to file a fourth amended

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habeas petition, together with a proposed fourth amended petition, no later than July 16, 2014.

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Respondent shall have thirty days to file any opposition thereto. Petitioner’s reply shall be due

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fourteen days after the filing date of any opposition filed by respondent.

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4. A further briefing schedule will be set upon resolution of the renewed motion for leave

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to amend the petition.

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DATED: April 14, 2014

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