Blount v. Soto

Filing 10

ORDER signed by Magistrate Judge Allison Claire on 12/7/2015 GRANTING petitioner's 7 , 9 motions for extension of time, and petitioner shall have 60 days to file an amended petition. Petitioner's 4 motion to proceed IFP is GRANTED. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

REGINALD BLOUNT,

12

No. 2:15-cv-1809 KJM AC P

Petitioner,

13

v.

14

J. SOTO,

15

ORDER

Respondent.

16
17

Petitioner is a state prisoner proceeding without counsel on an application for writ of

18

habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner filed a motion for extension of time to file

19

attachments to his habeas petition that indicated he may also be seeking to raise additional

20

constitutional issues. ECF No. 7. He was ordered to file a notice clarifying whether he sought to

21

amend the petition and add additional grounds for relief or whether he was seeking to provide

22

additional documents without adding new claims. ECF No. 8. Petitioner has filed the required

23

notice and stated that he intends to add both an additional claim and additional documentation to

24

support his existing claims. ECF No. 9.

25

Petitioner’s request for sixty days to file an amended petition will be granted. Petitioner is

26

informed that the court cannot refer to a prior petition in order to make an amended petition

27

complete. Once petitioner files an amended petition, the original pleading no longer serves any

28

function in the case. Therefore, in an amended petition, as in an original petition, each ground for
1

1
2

relief must be sufficiently alleged.
Petitioner has also filed an application to proceed in forma pauperis. ECF No. 4.

3

Examination of the in forma pauperis application reveals that petitioner is unable to afford the

4

costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28

5

U.S.C. § 1915(a).

6

Accordingly, IT IS HEREBY ORDERED that:

7

1. Petitioner’s motions for extension of time (ECF Nos. 7, 9) are granted, and petitioner

8
9
10

shall have sixty days from the filing of this order to file an amended petition.
2. Petitioner’s motion to proceed in forma pauperis (ECF No. 4) is granted.
DATED: December 7, 2015

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2