Miller v. Frauenheim

Filing 20

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/20/16 granting 17 Motion to Amend. This action shall proceed on the First Amended Petition 18 . Respondent is directed to file a response to petitioner's amended habeas petition within 30 days from the date of this order. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRAD ROBERT MILLER,

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Petitioner,

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No. 2:15-cv-1365 JAM CKD P

v.

ORDER

SCOTT FRAUENHEIM,

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Respondent.

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This pro se habeas action proceeds on the petition filed June 29, 2015. (ECF No. 1.)

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Petitioner challenges his 2012 murder conviction in the Placer County Superior Court. (Id.)

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Respondent has filed an answer to the petition. (ECF No. 13.)
Before the court is petitioner’s motion to amend the petition, accompanied by a proposed

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First Amended Petition. (ECF Nos. 17, 18.) Respondent has not opposed the motion.
Under Rule 15(a) of the Federal Rules of Civil Procedure, leave to amend shall be given

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freely when justice requires. In deciding whether justice requires granting leave to amend, factors

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to be considered include the presence or absence of undue delay, bad faith, dilatory motive,

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repeated failure to cure deficiencies by previous amendments, undue prejudice to the opposing

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party, and futility of proposed amendment. Based on the foregoing factors, the undersigned

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concludes that justice requires leave to amend in this instance.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion to amend (ECF No. 17) is granted;

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2. This action shall proceed on the First Amended Petition (ECF No. 18); and

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3. Respondent is directed to file a response to petitioner’s amended habeas petition within

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thirty days from the date of this order. See Rule 4, 28 U.S.C. foll. § 2254.

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Dated: January 20, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/mill1365.amend

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