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