Ward v. The People

Filing 10

ORDER signed by Magistrate Judge Kendall J. Newman on 02/04/15 ordering the 12/12/14 order to show cause 5 is discharged. Petitioner's motion to amend 9 is granted. Petitioner is granted 30 days from the date of this order to file an amended petition. The clerk of the court shall send petitioner the form for a habeas corpus petition pursuant to 28 USC 2254. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DELANIOUS A. WARD,

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Petitioner,

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No. 2: 14-cv-2861 KJN P

v.

ORDER

THE PEOPLE,

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Respondent.

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Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. Petitioner consented to the jurisdiction of the undersigned.

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(ECF No. 3.)
On December 12, 2014, the undersigned ordered petitioner to show cause why this action

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should not be dismissed on grounds that his claims were not exhausted. (ECF No. 5.) In this

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order, the undersigned stated that the petition raised three claims: two claims of ineffective

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assistance of counsel and one claim alleging perjury by witnesses. (Id. at 2.) The December 12,

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2014 order stated that petitioner admitted that none of his claims had been raised in state court.

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(Id.)

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In response to the order to show cause, petitioner filed a request to file an amended

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petition. (ECF No. 9.) In this pleading, petitioner indicates that he meant to raise four claims:

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two claims of ineffective assistance of counsel and two claims alleging perjury by witnesses.
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(Id.) Petitioner requests leave to file an amended petition raising all four claims. (Id.)
Good cause appearing, petitioner is granted leave to file an amended petition which

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clearly raises all four of his claims. The amended petition must also clearly indicate which, if

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any, of the claims have been presented to the California Supreme Court. Following review of the

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amended petition, the undersigned will issue further orders.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The December 12, 2014 order to show cause (ECF No. 5) is discharged;

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2. Petitioner’s motion to amend (ECF No. 9) is granted; petitioner is granted thirty days

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from the date of this order to file an amended petition; failure to file an amended petition within

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that time will result in dismissal of this action;
3. The Clerk of the Court is directed to send petitioner the form for a habeas corpus

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petition pursuant to 28 U.S.C. § 2254.

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Dated: February 4, 2015

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Ward2861.ord
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