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Cejas v. State

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


September 15, 2010

ANDREW A. CEJAS, PETITIONER,
v.
STATE OF CALIFORNIA, RESPONDENT.

ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254.

Respondent has requested an extension of time to file a response to the petition. See Fed. R. Civ. P. 6(b). Good cause appearing, respondent's September 13, 2010 request is granted and respondent has 30 days from the date this order is served to file and serve a response to the petition.

Petitioner requests leave to file an amended petition. Petitioner is free to amend his petition once as a matter of course, within 21 days after service of a responsive pleading. Fed. R. Civ. P. 15(a)(1)(B); Rule 12, Rules Governing § 2254 Proceedings. As respondent has not yet filed a responsive pleading, petitioner does not leave of court to amend. Petitioner's motion to amend is therefore denied as unnecessary.

The court also notes that petitioner has requested that this action be stayed. The court defers ruling on this motion pending a response from respondent.

So ordered.

20100915

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