IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 17, 2012
ROBIN GILLEN STARR, PETITIONER,
STATE OF CALIFORNIA, ET AL., RESPONDENTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
By order filed December 5, 2012, respondents' motion to dismiss petitioner's challenge to the 2009 Yolo County conviction was granted because the action is barred by the statute of limitations. On December 13, 2012, petitioner filed a motion for leave to file an amended complaint, bearing the caption Starr v. Phelps, et al., Case No. 1:12-cv-0063 DLB.*fn1
However, in the text of his filing, petitioner again challenges the charges underlying his Yolo County conviction. (Dkt. No. 103 at 2.) Because the court found that petitioner's challenge to the 2009 conviction is time-barred, granting petitioner leave to file an amended petition would be futile. Thus, petitioner's December 13, 2012 motion is denied.
Accordingly, plaintiff's December 13, 2012 motion (dkt. no. 103) is denied.