Free Order on Motion to Amend/Correct - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, Petitioner, vs. Jose Luis Lopez, Respondents. ) ) ) ) ) ) ) ) ) )

CR-01-0077-PHX-SRB CV-04-0876-PHX-SRB (JCG) ORDER

On February 27, 2006, Jose Linares filed a "Request for Leave to Ammend [sic] his Motion to Vacate Set Aside or Correct Sentence" (Doc. No. 166). Petitioner seeks to amend Ground Five of his Petition. The proposed amendment would essentially revoke the legal claim asserted in Ground Five of the original petition in favor of an entirely different claim. To date, the Respondents have not filed a response to the Motion. Despite Respondents failure to respond, the Court will deny the motion. Pursuant to Rule 15, Fed. R. Civ. P., Petitioner is permitted to amend his petition following the filing of a responsive pleading only if the adverse party consents in writing or by leave of court. The Court grants leave to amend only if justice so requires. Petitioner has not obtained Respondents' written consent to the amendment. In addition, Petitioner fails to allege in his motion any basis from which the Court could conclude that justice requires amendment of the petition. IT IS THEREFORE ORDERED that Petitioner's "Request for Leave to Ammend [sic]

Case 2:01-cr-00077-SRB

Document 178

Filed 01/30/2007

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his Motion to Vacate Set Aside or Correct Sentence" (Doc. No. 166) is DENIED. DATED this 29th day of January, 2007.

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Case 2:01-cr-00077-SRB

Document 178

Filed 01/30/2007

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