Opinion
1:12-cv-00967-DLB (HC)
07-12-2012
ORDER DISREGARDING PETITIONER'S
MOTION TO AMEND AS MOOT IN LIGHT
OF COURT'S JUNE 28, 2012, DISMISSAL OF
PETITION
[Doc. 8]
On June 28, 2012, the undersigned dismissed the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241, for failure to state a cognizable claim.
On June 22, 2012, Petitioner consented to the jurisdiction of the United States magistrate judge pursuant to 28 U.S.C. § 636(c)(1). Local Rule 305(b).
On July 2, 2012, Petitioner filed a motion to amend the petition for writ of habeas corpus. ECF No. 8.
In his motion to amend, Petitioner repeats his challenge to Amendment 750 of the Fair Sentencing Act of 2010, which, inter alia, modified the penalties for crack cocaine offenses, reducing the disparities between penalties for crack and powder cocaine. Amendment 750, retroactively, modified the penalties for crack cocaine offenses under the United States Sentencing Guidelines drug quantity table.
For the reasons explained in the Court's June 28, 2012 order dismissing the original petition for writ of habeas corpus, Petitioner's motion to amend is DISREGARDED as MOOT.
IT IS SO ORDERED.
Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE