Gamboa

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ANDRES ESPINDOLA, ) Case No.: 1:21-cv-01255-NONE-JLT (HC) ) Petitioner, ) ORDER GRANTING PETITIONER’S MOTION ) TO AMEND PETITION (Doc. 7) v. ) ) ORDER SUSPENDING BRIEFING SCHEDULE MARTIN GAMBOA, Warden of Avenal State ) (Doc. 5) Prison, Respondent. ) ) [THIRTY-DAY DEADLINE] )

Petitioner filed a federal petition for writ of habeas corpus on August 18, 2021, raising one claim of instructional error. (Doc. 1.) Following a preliminary review of the petition, on August 20, 2021, the Court issued a briefing schedule and directed Respondent to file a response to the petition. (Doc. 5.) Respondent has not yet filed a response to the petition. On August 27, 2021, Petitioner filed the instant motion to amend the petition. (Doc. 7.) A petitioner 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…