Ortiz v. U.S. District Court, Eastern District of California

Filing 21

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/11/2017 STRIKING the supplemental petition for writ of habeas corpus filed by petitioner on 9/5/2017.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TRAVIS MICHAEL ORTIZ,

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Petitioner,

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v.

No. 2:16-cv-0659 GEB CKD P

ORDER

DAVID BAUGHMAN,

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Respondents.

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Petitioner is a California prisoner proceeding pro se with a petition for writ of habeas

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corpus under 28 U.S.C. § 2254. On September 5, 2017, petitioner filed a supplemental petition.

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Pursuant to Local Rule 220, the court does not permit supplement pleadings. In any case, it does

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not appear petitioner has exhausted state court remedies with respect to his new claims and the

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exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas

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corpus. 28 U.S.C. § 2254(b)(1).

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Accordingly, IT IS HEREBY ORDERED that the supplemental petition for writ of habeas

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corpus filed by petitioner on September 5, 2017 is stricken.

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Dated: September 11, 2017

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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1/orti0659.sup(2)