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Walter Danny Ceasar, Iii v. Kenneth Clark

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


January 24, 2011

WALTER DANNY CEASAR, III PETITIONER,
v.
KENNETH CLARK, RESPONDENT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

By Order, filed on December 23, 2010, the stay in this habeas matter was lifted, the poorly organized, virtually incoherent amended petition at docket # 10 was stricken and the amended petition at docket # 11 deemed the operative petition; and the briefing schedule was set. Thereafter, petitioner filed a further amended petition on January 14, 2011, incorporating both the documents at docket # 10 and a slightly modified version of the amended petition at docket #

11. Petitioner's primary purpose may have been to rectify the omission of a claim six from the amended petition at docket # 11, which was noted in the prior order. The court will permit petitioner to proceed on the newly filed amended petition at docket # 15, but only with the first twelve pages stricken because that portion is a duplicate of the previously stricken defective document.

Accordingly, IT IS ORDERED that:

1. The Clerk of the Court is directed to strike the first twelve pages of the further amended petition filed at docket # 15;

2. As modified, the amended petition at docket # 15 supersedes prior amended petitions and is now the operative amended habeas petition; and

3. The briefing schedule as set forth in the Order, filed on December 23, 2010 (docket # 12) remains with the adjustment that the response due from respondents will now be due sixty days from the date of this order.

Gregory G. Hollows

20110124

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