Dotson v. Kramer

Full title: CLOPHER DOTSON, Petitioner, v. M.C. KRAMER, Respondent

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

Date published: Jan 17, 2008

No. CIV S-06-2251 FCD KJM P (E.D. Cal. Jan. 17, 2008)

Opinion

No. CIV S-06-2251 FCD KJM P.

January 17, 2008

ORDER

KIMBERLY MUELLER, Magistrate Judge

Petitioner, is a state prisoner proceeding pro se with an application for writ of habeas corpus under 28 U.S.C. § 2254. Once an answer has been filed, a party may amend a pleading only by leave of court or by written consent of the adverse party. See Fed.R.Civ.P. 15(a). An answer was filed on December 26, 2007. Petitioner has filed neither a motion to amend nor a stipulation to amend his habeas petition signed by all parties. Plaintiff's amended petitions, filed January 2, 2008 and January 8, 2008 will therefore be stricken, and this action will proceed on the amended petition filed May 25, 2007.

Accordingly, IT IS HEREBY ORDERED that petitioner's January 2, 2008 and January 8, 2008 amended petitions for writ of habeas corpus are stricken.