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Jose Luis Serna, Jr v. the People

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 7, 2010

JOSE LUIS SERNA, JR.,
PETITIONER,
v.
THE PEOPLE, ET AL.,
RESPONDENTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

California Eastern District Federal District Court 1_10_cv_02124_11.pdf

ORDER GRANTING PETITIONER'S MOTIONS TO FILE A FIRST AMENDED PETITION AND DEEMING THE FIRST AMENDED PETITION PROPERLY FILED

ORDER DEEMING PETITIONER'S MOTIONS TO BE MOTIONS TO FILE A FIRST AMENDED PETITION

Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition pursuant to 28 U.S.C. § 2254. The matter has been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 303. Pending before the Court are Petitioner's motion for relief (doc. 9) filed on November 29, 2010, and his motion to proceed with an amended petition (doc. 10) filed on November 24, 2010.

Review of Petitioner's motions reveals that Petitioner seeks to file a first amended petition in this Court, which is part of the motion to proceed (doc. 10).

Good cause appearing, Petitioner's motions to file and proceed with a first amended petition are GRANTED, and Petitioner's first amended petition is DEEMED properly filed.

Petitioner is INFORMED that the Court will review and complete an initial screening of his first amended petition in due course.

IT IS SO ORDERED.

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20101207

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