(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MALANJE PHEA,

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No. 2:20-cv-00283 WBS GGH P

Petitioner,
v.

ORDER

CHRISTIAN PFEIFFER, Warden,
Respondent.

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Petitioner has filed a third amended habeas petition. ECF No. 38. Petitioner has neither

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requested leave of court to file the amended petition nor has respondent consented to its filing. See

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Fed. R. Civ. Proc. 15(a)(2). The third amended habeas petition is unauthorized and is thereby stricken.

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This action continues to proceed on petitioner’s second amended petition. The undersigned will grant

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petitioner supplemental time to file his Traverse in light of petitioner’s filing. Accordingly,

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petitioner’s Traverse is due no later than thirty days from the date of this order.

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IT IS HEREBY ORDERED.

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Dated: November 13, 2020

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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