Cejas v. State of California

Filing 19

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/15/2010 GRANTING respondent's 17 request and respondent has 30 days to file and serve a response to the petition; DENYING as unnecessary, ptnr's 16 request to file an amended petition. (Yin, K)

(HC) Cejas v. State of California

Doc. 19

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. STATE OF CALIFORNIA, Respondent. / Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. Respondent has requested an extension of time to file a response to the petition. See Fed. R. Civ. P. 6(b). Good cause appearing, respondent's September 13, 2010 request is granted and respondent has 30 days from the date this order is served to file and serve a response to the petition. Petitioner requests leave to file an amended petition. Petitioner is free to amend his petition once as a matter of course, within 21 days after service of a responsive pleading. Fed. R. Civ. P. 15(a)(1)(B); Rule 12, Rules Governing § 2254 Proceedings. As respondent has not yet filed a responsive pleading, petitioner does not leave of court to amend. Petitioner's motion to amend is therefore denied as unnecessary.
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ANDREW A. CEJAS, Petitioner, No. CIV S-10-0995 MCE EFB P

ORDER

Dockets.Justia.com

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The court also notes that petitioner has requested that this action be stayed. The court defers ruling on this motion pending a response from respondent. So ordered. Dated: September 15, 2010.

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