King v. Davey

Filing 69

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/26/2018 GRANTING 66 Request for Extension of Time and DENYING as MOOT 68 Motion to Amend the Complaint. Petitioner has already been granted leave to amend. He should file his amended petition within 60 days from the date this order is filed. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY LEE KING,

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No. 2:16-cv-1464-WBS-EFB P

Petitioner,

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v.

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DAVE DAVEY,

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ORDER

Respondent.

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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. His petition was dismissed with leave to amend, ECF No. 36, and he

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subsequently filed an amended petition. ECF No. 38. That amended petition was dismissed on

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August 30, 2017, but he was granted leave to amend to allow him to file a fully exhausted petition

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and then seek a stay under Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002). ECF No. 52. Petitioner

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then filed a superfluous motion to amend, ECF No. 66, stating that it is his intention to file an

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amended petition but that he has recently been transferred to a different prison and is currently

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unable to access his property. Id. He is unsure when his property will be returned. Id. at 1.

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The court construes petitioner’s motion as a request for an extension of time to file his

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amended petition and that request (ECF No. 66) is GRANTED. His substantively identical

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motion to amend (ECF No. 68) is DENIED as MOOT. Petitioner has already been granted leave

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to amend. He should file his amended petition within sixty days from the date this order is filed.
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In light of the allegations concerning his present circumstances, however, he may motion for a

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reasonable extension of time if he finds it necessary to do so.

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So Ordered.
DATED: November 26, 2018.

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