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Hyde v. Moore

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


June 11, 2009

PAUL E. HYDE, PETITIONER,
v.
STEVE MOORE, WARDEN, ET AL., RESPONDENTS.

ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. The action proceeds on petitioner's June 17, 2008 petition. Respondent has answered and petitioner has filed a traverse. Thus, this matter is submitted for decision. On January 18, 2009 petitioner filed a paper styled, "Amended Petition."

Petitioner has not complied with the rules for amending a pleading and the court will take no action on the amended petition.

"A party may amend its pleading once as a matter of course before being served with a responsive pleading," after which, "a party may amend its pleading only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a); see also, Rule 11, Rules Governing Section 2254 Proceedings. Here, respondent has filed and served an answer.

Accordingly, petitioner must either obtain leave of court or obtain written consent from respondent to proceed on the January 18, 2009 amended petition. Petitioner has done neither. Furthermore, it is not apparent how the January 18, 2009 "amended petition" differs from the June 17, 2008 petition.

Accordingly, it is ORDERED that the case will remain submitted on the June 17, 2008 petition and the court will take no action on the January 28, 2009 amended petition.

20090611

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