(HC) Contreras v. People of the State of California

Good Law
United States District Court, Eastern District of CaliforniaJanuary 13, 20211:19-cv-01785California1,734 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RODOLFO A. CONTRERAS, No. 1:19-cv-01785-NONE-JLT (HC) Petitioner, ORDER DENYING PETITIONER’S

MOTIONS TO AMEND AND MOTION TO

v. STAY J. W. SULLIVAN, Warden, (Docs. 23, 25, 32) Respondent. 16 Petitioner moves to amend and stay proceedings due to alleged newly discovered evidence. The Court agrees with Respondent that the petition is untimely, and the Court finds that a stay and amendment would be futile. Thurs, the motions are DENIED. BACKGROUND On July 28, 2020, the Court issued findings and recommendations to deny the petition for writ of habeas corpus. (Doc. 18.) On November 4, 2020, Petitioner filed a motion to amend the petition and a lodged third amended petition (Docs. 23, 24) and a motion for stay (Doc. 25). Respondent filed an opposition to Petitioner’s motion to amend and motion to stay on November 17, 2020. (Doc. 28.) Petitioner again filed a motion to amend and lodged…

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