Roberson v. People of the State of California

Filing 6

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/7/11 GRANTING 5 Motion to Amend the Complaint. Petitioner shall have 30 days from the date this order is served to file a first amended petition.(Dillon, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Respondent. 15 / 16 17 18 19 20 21 22 23 24 25 26 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. On March 2, 2011, petitioner filed a motion to amend his petition. Dckt. No. 5. Under Federal Rule of Civil Procedure 15(a)(1), petitioner is entitled to amend his petition once as a matter of course, as his motion to amend was filed within 21 days of the filing of the original petition and, further, as no responsive pleading has yet been filed. Accordingly, it is ORDERED that petitioner's March 2, 2011 motion for leave to file an amended petition is granted, and petitioner shall have 30 days from the date this order is served to file a first amended petition. Dated: March 7, 2011. ORDER vs. PEOPLE OF THE STATE OF CALIFORNIA, IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CLARENCE ROBERSON, Petitioner, No. CIV S-11-0386 EFB P