Sifuentes v. Hedgpeth
Filing
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ORDER RE REQUEST FOR LEAVE TO FILE 4TH AMENDED PETITION. Signed by Judge Hamilton on 8/21/12. (pjhlc3, COURT STAFF) (Filed on 8/21/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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MIGUEL GALINDO SIFUENTES,
No. C 09-2902 PJH
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For the Northern District of California
United States District Court
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Petitioner,
ORDER RE REQUEST FOR
LEAVE TO FILE FOURTH
AMENDED PETITION
vs.
P. BRAZELTON, Warden,
Respondent.
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This is a habeas corpus case originally filed pro se by a state prisoner pursuant to
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28 U.S.C. § 2254. On August 10, 2012, two days after the court denied petitioner’s request
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to file a fourth amended petition, petitioner retained counsel. Currently before the court is
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petitioner’s stipulated request for leave to file a fourth amended petition. At the outset, the
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court notes that petitioner failed to e-file the stipulation and proposed order. As petitioner
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now has counsel, counsel is required to e-file all future filings associated with this case.
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In its August 8, 2012 order, the court denied petitioner’s request to file a fourth
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amended petition because petitioner failed to provide the court with the proposed petition.
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Given that petitioner’s prior petitions, including the third amended (and operative) petition,
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were prepared pro se and are not models of clarity, the court agrees that it is appropriate
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for petitioner be provided an opportunity to file a fourth amended petition with the
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assistance of counsel, which should set forth his claims clearly and concisely. Accordingly,
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the court GRANTS petitioner’s request to file a fourth amended petition no later than
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November 1, 2012. Respondent’s answer is due is due no later than December 3, 2012,
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and petitioner’s traverse is due no later than January 2, 2013.
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IT IS SO ORDERED.
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Dated: August 21, 2012
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PHYLLIS J. HAMILTON
United States District Judge
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For the Northern District of California
United States District Court
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