Balbuena v. Biter et al

Filing 27

ORDER RE: APPLICATION FOR WRITTEN INDICATION. Signed by Judge Richard Seeborg on 11/7/13. (cl, COURT STAFF) (Filed on 11/7/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN FRANCISCO DIVISION

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ALEXANDER BALBUENA,
Petitioner,

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No. C 11-0228 RS (PR)
ORDER RE: APPLICATION FOR
WRITTEN INDICATION

v.

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MARTIN BITER, Warden, and
THE CALIFORNIA ATTORNEY
17 GENERAL,
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Respondents.
/

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This closed federal habeas corpus action is on appeal. Petitioner asked the Ninth

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Circuit Court of Appeals to stay appellate proceedings and remand the matter to this Court to

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allow petitioner to amend his petition so that he can present a new federal habeas claim. The

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Court of Appeals denied the motion to stay “without prejudice to filing a renewed motion

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accompanied by a written indication that the district court is willing to entertain the motion.”

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(No. 12-16414, Docket No. 21.)

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Petitioner asks this Court (Docket No. 26) for a written indication of its willingness to
entertain a motion to amend the petition to add a new federal habeas claim. The Court is

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No. C 11-0228 RS (PR)
ORDER RE: MOT. FOR WRITTEN INDICATION

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willing to entertain such a motion because it might raise “a substantial issue.” Fed. R. App.

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P. 12.1. If he wishes to pursue the matter in this Court, petitioner first must obtain an order

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from the Court of Appeals staying appellate proceedings and remanding the matter to the

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district court.

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In indicating its willingness to entertain the motion, the Court makes no

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comment on the merits of such a motion, or that it is inclined to grant or deny it. Also,

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the Court is willing to consider only whether to allow amendment as to the one new claim,

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that is, that the Miranda warnings were constitutionally inadequate. No other claim(s) will

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be considered. The Clerk shall terminate Docket No. 26.

United States District Court
For the Northern District of California

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IT IS SO ORDERED.
DATED: November 7, 2013
RICHARD SEEBORG
United States District Judge

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No. C 11-0228 RS (PR)
ORDER RE: MOT. FOR WRITTEN INDICATION