Martin v. Herzog

Filing 15

ORDER granting petitioner's 12 Motion to Amend Petition. A copy of this Order has been mailed to petitioner today. Signed by Hon. Mary Alice Theiler.(GB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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08 TIMOTHY S. MARTIN,
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Petitioner,
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v.
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ROBERT HERZOG,
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Respondent.
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____________________________________ )

CASE NO. C14-0519-RAJ-MAT

ORDER GRANTING PETITIONER’S
MOTION TO AMEND

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This is a federal habeas action proceeding under 28 U.S.C. § 2254. Currently pending

15 before the Court is petitioner’s motion to amend his petition to correct an error in a factual
16 assertion. Respondent has indicated he does not oppose petitioner’s request to amend his
17 petition. The Court, having reviewed petitioner’s motion, respondent’s response thereto, and
18 the balance of the record, hereby finds and ORDERS as follows:
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(1)

Petitioner’s motion to amend his petition to correct an error in a factual assertion

20 (Dkt. 12) is GRANTED. The factual assertion at issue was made in support of petitioner’s first
21 ground for relief and may be found in the last two sentences of the second paragraph on page 5C
22 of the petition (see Dkt. 1 at 8). That paragraph is deemed amended as set forth by petitioner in
ORDER GRANTING PETITIONER’S
MOTION TO AMEND
PAGE -1

01 his motion to amend. (Dkt. 12 at 1.)
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(2)

The Clerk is directed to send copies of this Order to petition and to counsel for

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DATED this 18th day of July, 2014.

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Mary Alice Theiler
Chief United States Magistrate Judge

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ORDER GRANTING PETITIONER’S
MOTION TO AMEND
PAGE -2