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United States v. Estrada

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 10, 2009

UNITED STATES OF AMERICA, RESPONDENT,
v.
MATEO ESTRADA, MOVANT.

ORDER

Movant has filed a motion seeking leave to amend his application for writ of habeas corpus filed under 28 U.S.C. § 2255. Movant's original application is fully briefed and submitted to the court for decision.

Under Rule 15(a)(2) of the Federal Rules of Civil Procedure, the court shall "freely give leave [to amend] when justice so requires." In this case, movant fails to present any reason justifying his delay in presenting the information he now wishes to present through an amended application. Therefore, his motion for leave to amend will be denied. See Forman v. Davis, 371 U.S. 178, 182 (1962) (court may deny leave to amend because of undue delay).

Accordingly, IT IS HEREBY ORDERED that movant's request for leave to amend his application for writ of habeas corpus (#95) is denied.

20090410

© 1992-2009 VersusLaw Inc.



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