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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TRAVIS MICHAEL ORTIZ, 12 Petitioner, 13 14 v. No. 2:16-cv-0659 GEB CKD P ORDER DAVID BAUGHMAN, 15 Respondents. 16 17 Petitioner is a California prisoner proceeding pro se with a petition for writ of habeas 18 corpus under 28 U.S.C. § 2254. On September 5, 2017, petitioner filed a supplemental petition. 19 Pursuant to Local Rule 220, the court does not permit supplement pleadings. In any case, it does 20 not appear petitioner has exhausted state court remedies with respect to his new claims and the 21 exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas 22 corpus. 28 U.S.C. § 2254(b)(1). 23 Accordingly, IT IS HEREBY ORDERED that the supplemental petition for writ of habeas 24 corpus filed by petitioner on September 5, 2017 is stricken. 25 Dated: September 11, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 26 27 28 1/orti0659.sup(2)

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