Opinion
1:21-cv-01061-NONE-HBK
08-31-2021
KENYON DERRAL BROWN, Plaintiff, v. NORTH KERN STATE PRISON, DIRECTOR OF CDCR, Defendant.
ORDER STRIKING IMPROPER PLEADING FROM THE RECORD (DOC. NO. 15)
HELENA M. BARCH-KUCHTA, UNITED STATES MAGISTRATE JUDGE.
Petitioner Kenyon Derral Brown, a state prisoner, has pending a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). Before the Court is Petitioner's one page pleading titled “Motion to Grant Habeas Corpus due to Unconstitutional Title 15 Regulations.” (Doc. No. 15). In this pleading, Petitioner expands on the arguments set forth in his petition. Neither the Federal Rules of Civil Procedure nor the Local Rules provide for the right to file additional pleadings outside those described in Fed.R.Civ.P. 7(a). To the extent Petitioner seeks to amend his petition, he should seek leave of the Court to do so under Fed.R.Civ.P. 15(a)(2). Further, Petitioner has failed to sign his pleading, as required by Fed.R.Civ.P. 11 and Local Rule 131(b). Consequently, the Court construes as an improper pleading.
Accordingly, it is ORDERED:
The Clerk of Court is directed to terminate the motion associated with Petitioner's unauthorized pleading (Doc. No. 15) and strike the pleading from the record.