Whatley v. Ascuncion

Filing 11

ORDER signed by Magistrate Judge Craig M. Kellison on 4/18/2018 GRANTING respondent's 10 motion to construe the petition as motion to amend the pending petition in case no. 2:17-cv-1487 MCE EFB. The Clerk shall file the 2 petition in this case as a motion for leave to amend in case no. 2:17-cv-1487 MCE EFB. CASE CLOSED. (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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GERELL L. WHATLEY,

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Petitioner,

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vs.

ORDER

DEBBIE ASCUNCION,
Respondent.

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No. 2:17-CV-1595-CMK-P

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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 respondent’s motion

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(Doc. 10) to construe the instant petition as a motion for leave to amend his pending petition in

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Whatley v. Ascuncion, E. Dist. Cal. No. 2:17-CV-1487-MCE-EFB. Respondent’s request is

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granted. See Woods v. Carey, 525 F.3d 886, 889-90 (9th Cir. 2008). The Clerk of the Court is

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directed to file the petition in this case as a motion for leave to amend in No. 2:17-CV-1487-

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MCE-EFB and to close the instant action.

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IT IS SO ORDERED.

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DATED: April 18, 2018
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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