Batton v. Pfeffer

Filing 8

ORDER signed by Magistrate Judge Craig M. Kellison on 5/2/2017 ORDERING the Clerk to STRIKE the 7 amended petition as incomplete; and the Clerk shall attach the brief from the original petition (ECF No. 1 , pages 7-56) to the amended petition and re-file the the amended petition with brief attached. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARIO BATTON, 12 13 14 No. 2:16-cv-0762-CMK-P Petitioner, vs. ORDER C. PFEFFER, 15 Respondent. 16 / 17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s amended 19 petition (Doc. 7). 20 Petitioner’s original petition included a brief attached wherein he set forth the 21 grounds for relief, but was unsigned. Petitioner was ordered to file an amended petition, which 22 was signed. Petitioner’s amended petition is signed, but fails to include the entire attached brief 23 setting forth his alleged grounds for relief. Neither petition is complete, but together they form a 24 complete petition. Accordingly, the Clerk of the Court will be directed to strike the amended 25 petition as incomplete and re-file the amended petition with the brief from the original petition 26 attached. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 The Clerk of the Court is directed to strike the amended petition (Doc. 7) as incomplete; and 2. The Clerk of the Court is further directed attach the brief from the original 5 petition (Doc. 1, pages 7-56) to the amended petition (Doc. 7) and re-file the amended petition 6 (Doc. 7) with the brief attached. 7 8 9 10 DATED: May 2, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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