Arismendez v. Muniz

Filing 19

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/12/2018 GRANTING petitioner 30 days to file an amended federal habeas petition on the court-approved form. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROLANDO ARISMENDEZ,

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Petitioner,

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v.

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No. 2:17-cv-00792 MCE CKD P

ORDER

DAVID BAUGHMAN,

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Respondent.

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Petitioner is a state prisoner proceeding pro se in this action for habeas corpus relief

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pursuant to 28 U.S.C. § 2254. On June 15, 2018, the district judge assigned to this case adopted

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the prior Findings and Recommendations and dismissed petitioner’s federal habeas application

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without prejudice to filing an amended petition within 30 days. To date, petitioner has not

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responded to the court’s order or filed an amended federal habeas petition. The court will sua

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sponte grant petitioner a 30 day extension of time to file an amended habeas petition.1 Petitioner

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is advised that his failure to file an amended federal habeas petition within the timeframe

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provided will result in a recommendation that this action be dismissed and the case closed.

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The court expresses no opinion on the timeliness of any amended federal habeas petition
pursuant to 28 U.S.C. § 2244(d)(1).
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Accordingly, IT IS HEREBY ORDERED that petitioner is granted 30 days from the date

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of this order to file an amended federal habeas petition on the court-approved form.

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Dated: September 12, 2018

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/aris0792.eot.docx

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