Herrera v. Frauenheim

Filing 14

ORDER signed by Magistrate Judge Allison Claire on 5/26/2015 GRANTING petitioner's 13 motion for leave to file a Second Amended Petition; the Clerk shall detach and separately file petitioner's Second Amended Petition; and respondent shall have up to and including 7/13/2015 to file a response. (cc: Michael Farrell) (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EFRAIN HERRERA, JR.,

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No. 2:15-cv-0053 JAM AC P

Petitioner,
v.

ORDER

S. FRAUENHEIM,
Respondent.

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Petitioner is a state prisoner proceeding pro se and in forma pauperis in this habeas corpus

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action filed pursuant to 28 U.S.C. § 2254. On April 23, 2015, this court directed respondent to

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file a response to petitioner’s First Amended Petition (FAP) within 60 days. See ECF No. 10.

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Presently pending is petitioner’s motion, filed May 18, 2015, for leave to file and proceed on his

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concurrently-filed Second Amended Petition (SAP). See ECF No. 13. Review of the SAP

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demonstrates, as petitioner asserts, that it is identical to his FAP, but includes all of petitioner’s

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intended exhibits. For good cause shown, the court will grant petitioner’s motion and extend

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respondent’s time for responding to the SAP.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion for leave to file his Second Amended Petition for Writ of Habeas

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Corpus pursuant to 28 U.S.C. § 2254, ECF No. 13, is granted.
2. The Clerk of Court is directed to detach and separately file petitioner’s Second
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Amended Petition (currently set forth at ECF No. 13-1 at 2-108).
3. Respondent shall have an additional 21 days to file a response, up to and including July

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13, 2015.

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DATED: May 26, 2015

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