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Courtois v. C.D.C

United States District Court, E.D. California
Feb 16, 2006
No. CV F 05-1152 OWW SMS HC, [Docs. 5, 6, 7] (E.D. Cal. Feb. 16, 2006)

Opinion

No. CV F 05-1152 OWW SMS HC, [Docs. 5, 6, 7].

February 16, 2006


ORDER DENYING PLAINTIFF'S MOTION TO ADMIT POLYGRAPH TESTING, MOTION FOR LEAVE TO FILE EVIDENCE, AND MOTION TO AMEND


Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

On October 5, 2005, Petitioner filed a motion to admit polygraph and drug testing, motion for leave of court to file evidence, and motion to amend the petition.

In his motion to admit the polygraph and drug testing, Petitioner indicates that he wishes to admit polygraph testing examinations to demonstrate that the witnesses are lying. In his motion for leave of court to file evidence, Petitioner merely states that the Court may subpoena evidence at a later stage of the case. In his motion for leave to amend, Petitioner indicates that he has had limited access to the law library.

As the Court has yet to review the merits of Petitioner's claim, it cannot determine the relevancy of the evidence of which Petitioner wishes to submit. Further, Petitioner is advised he may amend a petition for writ of habeas corpus once "as a matter of course," and without leave of Court, before a response has been filed under Federal Rule of Civil Procedure 15(a), as applied to habeas corpus actions pursuant to 28 U.S.C. § 2242 and Rule 11 of the Rules Governing Section 2254 Cases. Calderon v. United States District Court (Thomas), 144 F.3d 618, 620 (9th Cir. 1998); Bonn v. Calderon, 59 F.3d 815, 845 (9th Cir. 1995).

Based on the foregoing, it is HEREBY ORDERED that Petitioner's motions filed October 5, 2005, are DENIED.

IT IS SO ORDERED.


Summaries of

Courtois v. C.D.C

United States District Court, E.D. California
Feb 16, 2006
No. CV F 05-1152 OWW SMS HC, [Docs. 5, 6, 7] (E.D. Cal. Feb. 16, 2006)
Case details for

Courtois v. C.D.C

Case Details

Full title:PAUL CRAIG COURTOIS, Petitioner, v. C.D.C., et al., Respondents

Court:United States District Court, E.D. California

Date published: Feb 16, 2006

Citations

No. CV F 05-1152 OWW SMS HC, [Docs. 5, 6, 7] (E.D. Cal. Feb. 16, 2006)