(HC) Phea v. The People of the State of California
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:20-cv-00283 WBS GGH P
CHRISTIAN PFEIFFER, Warden,
Petitioner has filed a third amended habeas petition. ECF No. 38. Petitioner has neither
requested leave of court to file the amended petition nor has respondent consented to its filing. See
Fed. R. Civ. Proc. 15(a)(2). The third amended habeas petition is unauthorized and is thereby stricken.
This action continues to proceed on petitioner’s second amended petition. The undersigned will grant
petitioner supplemental time to file his Traverse in light of petitioner’s filing. Accordingly,
petitioner’s Traverse is due no later than thirty days from the date of this order.
IT IS HEREBY ORDERED.
Dated: November 13, 2020
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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