From Casetext: Smarter Legal Research

Barrett v. A. Ciolli

United States District Court, Eastern District of California
Jul 6, 2021
1:20-cv-00599-HBK (E.D. Cal. Jul. 6, 2021)

Opinion

1:20-cv-00599-HBK

07-06-2021

ANTHONY BARRETT, Petitioner, v. A. CIOLLI, Respondent.


ORDER DENYING PETITIONER'S MOTION TO AMEND PETITION

Pursuant to 28 USC § 636(c)(1), the parties consented to the jurisdiction of the assigned magistrate judge. (See Doc. Nos. 4, 17, 18, 19).

(DOC. NO. 22)

HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE

Petitioner Anthony Barrett (“Petitioner” or “Barrett”), a federal prisoner, initiated this action by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2241. (Doc. No. 1). On June 21, 2021, Petitioner moved to amend his petition. (Doc. No. 22). Petitioner states he wishes to challenge his underlying federal conviction on the ground that he is actually innocent of the crime of possession of a firearm because he did not have the requisite intent to commit the crime. (Id.) The Court finds the motion procedurally deficient. Under Local Rule 137(c), where a party moves to file an amended petition, the party “shall attach the document proposed to be filed as an exhibit to moving papers seeking such leave and lodge a proposed order.”

Accordingly, it is ORDERED:

Petitioner's motion to amend the petition (Doc. No. 22) is DENIED.

IT IS SO ORDERED.


Summaries of

Barrett v. A. Ciolli

United States District Court, Eastern District of California
Jul 6, 2021
1:20-cv-00599-HBK (E.D. Cal. Jul. 6, 2021)
Case details for

Barrett v. A. Ciolli

Case Details

Full title:ANTHONY BARRETT, Petitioner, v. A. CIOLLI, Respondent.

Court:United States District Court, Eastern District of California

Date published: Jul 6, 2021

Citations

1:20-cv-00599-HBK (E.D. Cal. Jul. 6, 2021)