Wilkes v. McDonald

Filing 25

ORDER signed by Magistrate Judge Dale A. Drozd on 1/5/2012 ORDERING that petitioner's 24 motion to amend is construed as a motion for relief from judgment pursuant to F.R.Civ.P.60(b); petitioner is granted 30 days to supplement his 12/12/11 motion by filing a proposed amended petition; and the clerk to send petitioner a habeas corpus form. (Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

LENNI WILKES,

11

Petitioner,

12
13

No. 2:10-cv-2997 GEB DAD (HC)

vs.
M. D. MCDONALD,

14

Respondent.

15

ORDER
/

16

Petitioner is a state prisoner proceeding pro se with an application for a writ of

17

habeas corpus pursuant to 28 U.S.C. § 2254. By order filed May 19, 2011, this action was

18

dismissed due to petitioner’s failure to properly exhaust his claims in state court before seeking

19

federal habeas relief. Judgment was entered on the same day.

20

On December 12, 2011, petitioner filed a motion to amend his petition. (Doc. No.

21

24.) The court construes petitioner’s motion as a motion for relief from judgment pursuant to

22

Fed. R. Civ. P. 60(b). Good cause appearing, petitioner will be granted a period of thirty days in

23

which to supplement his motion by filing a proposed amended habeas corpus petition. Failure to

24

file a proposed amended petition will result in the denial of petitioner’s pending motion.

25
26

In accordance with the above, IT IS HEREBY ORDERED that:
/////
1

1
2

1. Petitioner’s December 12, 2011 motion to amend (Doc. No. 24) is construed as
a motion for relief from judgment pursuant to Fed. R. Civ. P. 60(b);

3
4

2. Petitioner is granted thirty days from the date of this order to supplement his
December 12, 2011 motion by filing a proposed amended petition;

5

3. Any amended petition must be filed on the form provided with this order,

6

must name the proper respondent, and must state all claims and prayers for relief on the form; it

7

must bear the case number assigned to this action and the title “Amended Petition”; failure to file

8

an amended petition will result in the denial of petitioner’s pending motion; and

9

4. The Clerk of the Court is directed to send petitioner the court’s form petition

10

for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

11

DATED: January 5, 2012.

12
13
14
15
16

DAD:12
wilk2997.60b

17
18
19
20
21
22
23
24
25
26
2