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Robinson v. Haviland

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


April 6, 2010

LEON ROBINSON, PETITIONER,
v.
JOHN HAVILAND, RESPONDENT.

ORDER

Petitioner is a state prison inmate proceeding pro se with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. On November 23, 2009, petitioner filed an amended petition for a writ of habeas corpus and a motion to proceed in forma pauperis; the petition was signed on November 10, 2009. Generally, once an answer has been filed, a party may amend a pleading only by leave of court or by written consent of the adverse party. See Fed. R. Civ. P. 15(a). An answer was filed on November 23, 2009. However, under the prison mailbox rule, a prisoner's document is deemed filed when it is provided to prison authorities for mailing. Houston v. Lack, 487 U.S. 266, 276 (1988). Accordingly, this amended petition was filed before the answer was filed and is properly before the court.

Accordingly, IT IS THEREFORE ORDERED:

1. Petitioner's motion to proceed in forma pauperis (docket no. 13) is denied as moot;

2. Respondents are directed to file a response to petitioner's amended habeas petition within sixty days from the date of this order. See Rule 4, Fed. R. Governing § 2254 Cases. Because respondent has already filed the record in response to the court's previous order, he need not file a duplicate record, but may refer to the record by the docket number of his previous answer; and

3. Petitioner's reply, if any, shall be filed and served within thirty days after service of the answer.

20100406

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