French v. Wallace

Filing 25

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Petitioner's Motion for Extension of Time to File Reply to Respondent's Response to Order to Show Cause 22 is GRANTED. Petitioner is granted until Friday, October 25, 2013 in which to file his reply to Respondent's Response to Order to Show Cause. IT IS FURTHER ORDERED that Petitioner's Motion for Extension of Time to file anAmended Petition 23 is DENIED. Signed by District Judge John A. Ross on 7/17/13. (LAH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GERREK FRENCH,
Petitioner,
vs.
IAN WALLACE,
Respondent.

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Case No. 4:13-CV-472-JAR

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner’s Motion for Extension of Time to File Reply
to Respondent’s Response to Order to Show Cause [ECF No. 22] and Petitioner’s Motion for
Extension of Time to file an Amended Petition. [ECF No. 23] Petitioner requests an additional 120
days in which to file his reply to Respondent’s Response filed June 25, 2013. (Doc. No. 20) Upon
consideration, the Court will grant Petitioner’s request. Petitioner also requests an additional 90 days
in which to file an amended petition under 28 U.S.C. § 2254. The Court will deny Petitioner’s
request at this time. If Petitioner wishes to amend his petition, he must file a separate motion for
leave to amend, with the proposed amended petition attached. Clayton v. White Hall School Dist.,
778 F.2d 457, 460 (8th Cir. 1985). Petitioner is cautioned that the amended petition replaces the
original petition, and claims that are not realleged will be deemed abandoned. See, e.g., In re
Wireless Telephone Federal Cost Recovery Fees Litigation, 396 F.3d 922, 928 (8th Cir. 2005).
Accordingly,
IT IS HEREBY ORDERED that Petitioner’s Motion for Extension of Time to File Reply
to Respondent’s Response to Order to Show Cause [22] is GRANTED. Petitioner is granted until
Friday, October 25, 2013 in which to file his reply to Respondent’s Response to Order to Show
Cause.

IT IS FURTHER ORDERED that Petitioner’s Motion for Extension of Time to file an
Amended Petition [23] is DENIED.

Dated the 17th day of July, 2013.

_______________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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