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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 10 11 12 13 14 15 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 16 [Doc. No. 31] 17 18 19 Petitioner Irwin Guzman (“Guzman”), a state prisoner proceeding pro se, has filed 20 a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“Petition”). See Doc. 21 No. 1. On September 27, 2017, Guzman filed a motion to amend the Petition. See Doc. 22 No. 31. The matter was referred to United States Magistrate Judge Andrew G. Schopler 23 for preparation of a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1), and 24 Civil Local Rule HC.2. Judge Schopler has issued thorough Report recommending that 25 Guzman’s motion to amend the Petition be granted. See Doc. No. 36. 26 Pursuant to Rule 72 of the Federal Rules of Civil Procedure and 28 U.S.C. § 27 636(b)(1), the Court must “make a de novo determination of those portions of the report . 28 . . to which objection is made,” and “may accept, reject, or modify, in whole or in part, -1- 16cv2659-MMA (AGS) 1 the findings or recommendations made by the magistrate [judge].” 28 U.S.C. § 2 636(b)(1); see also United States v. Remsing, 874 F.2d 614, 617 (9th Cir. 1989). 3 Objections to the Report and Recommendation were due no later than November 15, 4 2017. See Doc. No. 36 at 3. To date, no objections have been filed.1 5 Accordingly, the Court finds that Judge Schopler has issued an accurate and well- 6 reasoned Report and Recommendation. Thus, the Court ADOPTS the Recommendation 7 to grant Guzman’s motion to amend and GRANTS Guzman leave to amend the Petition. 8 9 The assigned magistrate judge is directed to issue a briefing schedule modifying the original briefing schedule issued in this case. See Doc. No. 14. 10 IT IS SO ORDERED. 11 12 DATE: November 20, 2017 13 14 ___________________________________ HON. MICHAEL M. ANELLO United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28                                                 1 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. -2- 16cv2659-MMA (AGS)

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