Sciosciole v. Gower

Filing 27

ORDER signed by Magistrate Judge Carolyn K. Delaney on 916/2014 GRANTING petitioner 30 days to file a motion for leave to amend his petition for writ of habeas corpus in accordance with this order; if petitioner files a motion for leave to amend, respondent shall file an opposition within 14 days of service and petitioner may file a reply within 14 days of service of the opposition. If a motion is not filed within 30 days, the court will proceed on the original petition. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD FRANCIS SCIOSCIOLE,

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No. 2:13-cv-2438 CKD P

Petitioner,

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v.

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GOWER,

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ORDER

Respondent.

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On August 22, 2013, petitioner filed an amended petition for writ of habeas corpus.

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Petitioner did not, however, file a motion for leave to amend. Good cause appearing, IT IS

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HEREBY OREDERED that:
1. Petitioner is granted 30 days within which to file a motion for leave to amend his

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petition for writ of habeas corpus. In the motion, petitioner must explain how exactly he wishes

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to amend his original claims and if he is presenting new claims he must explain his delay in

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bringing those claims.

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2. If petitioner files a motion for leave to amend, respondent shall file an opposition

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within 14 days of service of the motion and petitioner may file a reply within 14 days of service

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of the opposition. If petitioner does not file a motion for leave to amend within 30 days, the court

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will proceed on the original petition.

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Dated: September 16, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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scio2438.mta(1)

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