Ortiz v. U.S. District Court, Eastern District of California
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/30/17 ORDERING that the supplemental petition for writ of habeas corpus filed by petitioner on December 5, 2016 is STRICKEN.(Dillon, M)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
TRAVIS MICHAEL ORTIZ,
No. 2:16-cv-0659 GEB CKD P
Petitioner is a California prisoner proceeding pro se with a petition for writ of habeas
corpus under 28 U.S.C. § 2254. On December 5, 2016, petitioner filed a supplemental petition.
Pursuant to Local Rule 220, the court does not permit supplemental pleadings. In any case, it
does not appear petitioner has exhausted state court remedies with respect to his new claims and
the exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of
habeas corpus. 28 U.S.C. § 2254(b)(1).
Accordingly, IT IS HEREBY ORDERED that the supplemental petition for writ of habeas
corpus filed by petitioner on December 5, 2016 is stricken.
Dated: January 30, 2017
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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