(HC) Phea v. The People of the State of California

Filing 45

ORDER signed by Magistrate Judge Gregory G. Hollows on 11/13/2020 STRIKING 38 Unauthorized Third Amended Habeas Petition and ORDERING Petitioner to file a traverse no later than 30 days from the date of this order. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MALANJE PHEA, 12 13 14 15 No. 2:20-cv-00283 WBS GGH P Petitioner, v. ORDER CHRISTIAN PFEIFFER, Warden, Respondent. 16 17 Petitioner has filed a third amended habeas petition. ECF No. 38. Petitioner has neither 18 requested leave of court to file the amended petition nor has respondent consented to its filing. See 19 Fed. R. Civ. Proc. 15(a)(2). The third amended habeas petition is unauthorized and is thereby stricken. 20 This action continues to proceed on petitioner’s second amended petition. The undersigned will grant 21 petitioner supplemental time to file his Traverse in light of petitioner’s filing. Accordingly, 22 petitioner’s Traverse is due no later than thirty days from the date of this order. 23 IT IS HEREBY ORDERED. 24 Dated: November 13, 2020 25 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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