Crow v. Hayes

Filing 7

ORDER granting 6 Motion for Extension of Time. Petitioner shall file his amended petition by 6/20/2016. Signed by Magistrate Judge J Richard Creatura.(CMG)(cc to Petitioner w/blank form)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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TOMMY LEE CROW JR,
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Petitioner,
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CASE NO. 3:16-CV-05277-RJB-JRC
ORDER GRANTING EXTENSION

v.
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HAYES,
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Respondent.
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The District Court referred this petition for a writ of habeas corpus to United States
Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b) (1) (A) and (B), and local
Magistrate Judge Rules MJR3 and MJR4. Petitioner seeks relief from a state conviction pursuant
to 28 U.S.C. § 2254.
Before the Court is petitioner’s motion for an extension. Dkt. 6. Petitioner seeks an
extension until June 20, 2016, to file his amended petition. Id. Petitioner states that he has been
transferred between correctional facilities and has no access to the law library. Id.
The Court finds that the request is reasonable and, therefore, petitioner’s motion for
extension (Dkt. 6) is granted. Petitioner is advised that the amended petition and memorandum
will operate as a complete substitute for (rather than a mere supplement to) the original petition
(Dkt. 1) and memorandum (Dkt. 2). In other words, an amended petition replaces the original in

ORDER GRANTING EXTENSION - 1

1 its entirety, making the original as if it never existed. Reference to a prior pleading or another
2 document is unacceptable – once petitioner files an amended petition, the original petition and
3 memorandum of law will no longer serve any function in this case.
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Petitioner shall file his amended petition on or before June 20, 2016. If petitioner fails to

5 submit an amended petition by June 20, 2016, the Court will recommend dismissal of this action
6 for failure to prosecute this matter and the Court will recommend dismissal of this matter.
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Dated this 24th day of May, 2016.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING EXTENSION - 2