Arellano v. Paramo

Filing 22

ORDER Granting Motions REPORT AND RECOMMENDATION re 17 , 15 , and 21 Motion to for Leave to Amend and REPORT AND RECOMMENDATION. Arellano has filed a request to amend his petition. Respondent has not objected. The Court recommends that this requ est be granted and that Arellano have until 10/2/2017, to file his amended petition. The Court also recommends that respondent have until 11/6/2017, to respond to that amended petition or file a motion to dismiss. Finally, the Court recommends that A rellano's traverse or opposition be due 11/30/2017. Signed by Magistrate Judge Andrew G. Schopler on 8/21/2017.(All non-registered users served via U.S. Mail Service) A copy of Lodgment 9 and ECF No. 15 with all exhibits sent to Petitioner via U.S. Mail (acc).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 10 SOUTHERN DISTRICT OF CALIFORNIA Raul Arellano, 11 Case No.: 17-cv-0354-AJB-AGS Plaintiff, 12 v. 13 ORDER GRANTING MOTIONS (ECF Nos. 15, 17, & 21) AND REPORT AND RECOMMENDATION Daniel Paramo, Warden, 14 Defendants. 15 16 In his latest filings to the Court, plaintiff Raul Arellano makes several requests. First, 17 he asks for an order adjudicating his other motions (ECF No. 21), which is granted. Next, 18 he requests copies of transcripts he says were missing from the lodgments the Court 19 ordered to be sent to him. He specifically requests “R.T. 2A pgs 56-64, R.T. 2B pgs 209- 20 214, R.T. 3C pgs 216-221, R.T. 3D pgs 306-307.” (ECF No. 15, at 1.) He also requests a 21 transcript from trial dated June 19, 2009. The Court denies this request as moot because 22 respondent noted in the response that they have already lodged the appropriate documents 23 with the Court and mailed them to Arellano as well. (ECF No. 18, at 1-2.) 24 Arellano next requests a copy of the order denying petition for writ of habeas corpus 25 by the San Diego County Superior Court. (ECF No. 10, at 2.) The Court grants this request 26 and directs the Clerk’s Office to send Arellano a copy Lodgment 9, ECF No. 10-12. 27 Arellano also requests a copy of the instant motion as he was unable to make a copy of it 28 1 17-cv-0354-AJB-AGS 1 before sending it to the Court. This request is granted and the Clerk’s Office is directed to 2 send Arellano a copy of ECF No. 15 and all exhibits. 3 Finally, Arellano has filed a request to amend his petition. Respondent has not 4 objected. The Court recommends that this request be granted and that Arellano have until 5 October 2, 2017, to file his amended petition. The Court also recommends that respondent 6 have until November 6, 2017, to respond to that amended petition or file a motion to 7 dismiss. Finally, the Court recommends that Arellano’s traverse or opposition be due 8 November 30, 2017. 9 Dated: August 21, 2017 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 17-cv-0354-AJB-AGS

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