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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIO BATTON,

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No. 2:16-cv-0762-CMK-P

Petitioner,
vs.

ORDER

C. PFEFFER,

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Respondent.

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/

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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s amended

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petition (Doc. 7).

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Petitioner’s original petition included a brief attached wherein he set forth the

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grounds for relief, but was unsigned. Petitioner was ordered to file an amended petition, which

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was signed. Petitioner’s amended petition is signed, but fails to include the entire attached brief

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setting forth his alleged grounds for relief. Neither petition is complete, but together they form a

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complete petition. Accordingly, the Clerk of the Court will be directed to strike the amended

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petition as incomplete and re-file the amended petition with the brief from the original petition

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attached.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Clerk of the Court is directed to strike the amended petition (Doc. 7)

as incomplete; and
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The Clerk of the Court is further directed attach the brief from the original

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petition (Doc. 1, pages 7-56) to the amended petition (Doc. 7) and re-file the amended petition

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(Doc. 7) with the brief attached.

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DATED: May 2, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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