Guzman v. Spearman

Filing 37

ORDER Adopting 36 Recommendation of United States Magistrate Judge and Granting 31 Petitioner's Motion to Amend Petition. The assigned magistrate judge is directed to issue a briefing schedule modifying the original briefing schedule issued in this case. Signed by Judge Michael M. Anello on 11/20/2017. (All non-registered users served via U.S. Mail Service)(rmc)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA
Case No.: 16cv2659-MMA (AGS)

IRWIN GUZMAN,

ORDER ADOPTING
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE;
AND

Petitioner,

v.
SPEARMAN, Warden,

[Doc. No. 36]
Respondent.

GRANTING PETITIONER’S
MOTION TO AMEND PETITION

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[Doc. No. 31]

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Petitioner Irwin Guzman (“Guzman”), a state prisoner proceeding pro se, has filed

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a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“Petition”). See Doc.

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No. 1. On September 27, 2017, Guzman filed a motion to amend the Petition. See Doc.

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No. 31. The matter was referred to United States Magistrate Judge Andrew G. Schopler

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for preparation of a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1), and

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Civil Local Rule HC.2. Judge Schopler has issued thorough Report recommending that

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Guzman’s motion to amend the Petition be granted. See Doc. No. 36.

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Pursuant to Rule 72 of the Federal Rules of Civil Procedure and 28 U.S.C. §

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636(b)(1), the Court must “make a de novo determination of those portions of the report .

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. . to which objection is made,” and “may accept, reject, or modify, in whole or in part,
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16cv2659-MMA (AGS)

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the findings or recommendations made by the magistrate [judge].” 28 U.S.C. §

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636(b)(1); see also United States v. Remsing, 874 F.2d 614, 617 (9th Cir. 1989).

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Objections to the Report and Recommendation were due no later than November 15,

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2017. See Doc. No. 36 at 3. To date, no objections have been filed.1

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Accordingly, the Court finds that Judge Schopler has issued an accurate and well-

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reasoned Report and Recommendation. Thus, the Court ADOPTS the Recommendation

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to grant Guzman’s motion to amend and GRANTS Guzman leave to amend the Petition.

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The assigned magistrate judge is directed to issue a briefing schedule modifying
the original briefing schedule issued in this case. See Doc. No. 14.

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IT IS SO ORDERED.

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DATE: November 20, 2017

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___________________________________
HON. MICHAEL M. ANELLO
United States District Judge

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The Clerk of Court served Guzman with a copy of the Report and Recommendation via U.S. Mail on
November 1, 2017. See Doc. No. 36. The Court notes that prior to the issuance of the Report and
Recommendation, Respondent filed a response to Guzman’s motion noting that it “does not oppose
Petitioner’s motion to amend his Petition[.]” Doc. No. 34 at 7.
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16cv2659-MMA (AGS)