McCoo v. Obenland

Filing 52

MINUTE ORDER by Hon. James P. Donohue denying as moot petitioner's 47 MOTION to Amend and 46 MOTION to Amend **2 PAGES, PRINT ALL**(PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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WILLIE J. McCOO,
Petitioner,

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Case No. C14-1425-RSL-JPD

v.
MINUTE ORDER

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MIKE OBENLAND,
Respondent.

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The following Minute Order is made by direction of the Court, the Honorable James P.
Donohue, United States Magistrate Judge:
Petitioner recently submitted to the Court for consideration two motions to amend his

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federal habeas petition. (Dkts. 46 and 47.) Attached to each motion was a proposed amended

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petition. (Id.) Petitioner indicates in his motions to amend that the amended petitions were filed

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in response to objections by respondent to a series of motions to supplement previously filed by

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petitioner. (See id.) Respondent argued that petitioner's motions to supplement were essentially

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motions to amend and, as such, were procedurally deficient because petitioner failed to submit a

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proposed amended petition with his motions. (See Dkt. 39 and 42.) Petitioner's proposed

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amended petitions appear to essentially be re-formatted versions of his prior motions to

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supplement.
MINUTE ORDER - 1

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In a Report and Recommendation issued on July 21, 2015, this Court fully addressed

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petitioner's motions to supplement. In doing so, the Court noted that the motions were, in fact,

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procedurally deficient in that petitioner failed to attached a proposed amended petition to any of

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the motions. However, the Court also addressed the substance of the motions. As petitioner's

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recent submissions are essentially duplicative of matters already addressed by the Court,

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petitioner's motions to amend (Dkts. 46 and 47) are DENIED as moot.

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DATED this 22nd day of July, 2015.
WILLIAM McCOOL, Clerk

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By s/ Rhonda Stiles
Deputy Clerk

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MINUTE ORDER - 2